21 F.Supp. 227 (M.D.Pa.), 8882, In re Scranton Knitting Mills, Inc.

Docket Nº:8882.
Citation:21 F.Supp. 227
Party Name:In re SCRANTON KNITTING MILLS, Inc.
Court:United States District Courts, 3th Circuit, Middle District of Pennsylvania

Page 227

21 F.Supp. 227 (M.D.Pa.)

In re SCRANTON KNITTING MILLS, Inc.

No. 8882.

United States District Court, M.D. Pennsylvania.

Date Not Given

Welles, Mumford, Stark & McGrath, of Scranton, Pa., for trustee.

W. L. Hill and Gunster, Mackie & Murphy, all of Scranton, Pa., for respondents.

WATSON, District Judge.

This is a petition for review of an order of the referee.

Involuntary petition in bankruptcy was filed against the bankrupt on November 5, 1934, naming the bankrupt as 'Scranton Knitting Mills.' On December 22, 1934, the court made an order permitting the name to be amended to 'Scranton Knitting Mills, Inc.' On the same day, an order of adjudication was entered.

On August 5, 1937, the trustee petitioned the referee for a rule on the Third National Bank & Trust Company (hereinafter referred to as 'the bank') to show cause why it should not turn over to the trustee the sum of $15,196.11. Thereafter, the bank filed a motion to dismiss the trustee's petition on the ground that this court has no jurisdiction to entertain the trusee's petition in a summary proceedings. The referee entered an order denying the bank's motion. This order of the referee is now before the court for review.

A motion to dismiss a petition made under Equity Rule 29, 28 U.S.C.A. following section 723 must be decided on the basis of facts set forth in the petition alone. Scattergood v. American Pipe & Construction Co. (D.C.) 247 F. 712. Ignoring, therefore, the allegations of fact set forth in the motion to dismiss, and looking only to the facts alleged in the petition, the following facts are before the court:

Page 228

At the time of the filing of the involuntary petition in bankruptcy against the 'Scranton Knitting Mills' (November 5, 1934), the bank held on deposit to the credit of the Scranton Knitting Mills, Inc., the sum of $368.90. The bank acquired notice of the filing of the involuntary petition against the 'Scranton Knitting Mills' on November 5, 1934, and, through its cashier, had actual knowledge of the proceedings. Also, through its officers and employees, it knew that the 'Scranton Knitting Mills' and 'Scranton Knitting Mills, Inc.,' were one and the same corporation. Between the time of the filing of the petition in bankruptcy and November 26, 1934, there was deposited to the credit of the bankrupt in the bank the sum of $14,959.29, bringing the total deposits to...

To continue reading

FREE SIGN UP
2 practice notes
  • 200 F.Supp. 818 (S.D.N.Y. 1962), In re North Atlantic & Gulf S. S. Co.
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • January 2, 1962
    ...on every day business transactions during the pendency of the petition, see In re Scranton Knitting Mills, Inc., D.C.M.D. Pa., 1937, 21 F.Supp. 227, and would deplete the assets of the estate available for other creditors.' (Emphasis The payments made by debtor to both McRoberts and Desk Tr......
  • 364 F.Supp. 1066 (E.D.Pa. 1973), 70-762, In re Mercy-Douglass Hospital Inc.
    • United States
    • Federal Cases United States District Courts 3th Circuit Eastern District of Pennsylvania
    • October 10, 1973
    ...Transp. Co., 453 F.2d 520 (3d Cir. 1972); In re Italian Cook Oil Corp., 91 F.Supp. 72 (D.N.J.1950); In re Scranton Knitting Mills, 21 F.Supp. 227 (M.D.Pa.1937). The creditor never obtained this permission, and therefore this Court dissolved the attachment. See 6 Collier on Bankruptcy ¶ 3.32......
2 cases
  • 200 F.Supp. 818 (S.D.N.Y. 1962), In re North Atlantic & Gulf S. S. Co.
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • January 2, 1962
    ...on every day business transactions during the pendency of the petition, see In re Scranton Knitting Mills, Inc., D.C.M.D. Pa., 1937, 21 F.Supp. 227, and would deplete the assets of the estate available for other creditors.' (Emphasis The payments made by debtor to both McRoberts and Desk Tr......
  • 364 F.Supp. 1066 (E.D.Pa. 1973), 70-762, In re Mercy-Douglass Hospital Inc.
    • United States
    • Federal Cases United States District Courts 3th Circuit Eastern District of Pennsylvania
    • October 10, 1973
    ...Transp. Co., 453 F.2d 520 (3d Cir. 1972); In re Italian Cook Oil Corp., 91 F.Supp. 72 (D.N.J.1950); In re Scranton Knitting Mills, 21 F.Supp. 227 (M.D.Pa.1937). The creditor never obtained this permission, and therefore this Court dissolved the attachment. See 6 Collier on Bankruptcy ¶ 3.32......