In re Brown
| Court | U.S. District Court — Eastern District of Missouri |
| Citation | In re Brown, 111 F. 979 (E.D. Mo. 1901) |
| Decision Date | 29 November 1901 |
| Parties | In re BROWN. |
Paul F Coste, for petitioner Franklin Bank.
E. C Lackland, for Brown.
On the 25th of June, 1901, the Franklin Bank, a corporation of the city of St. Louis and state of Missouri filed its petition in bankruptcy against Benjamin Brown, and after alleging the cause of bankruptcy, further averred that the creditors of the said Benjamin Brown are less than twelve in number. On the 19th of July the said Benjamin Brown answered, denying the allegations of bankruptcy, and further averring that his creditors were more than twelve in number, setting forth in his answer a list of thirteen creditors, with their addresses, and the amounts which he severally owes them. Proof was heard, and it appeared on the trial that one of his creditors, W. H. Wellpot, has assigned his claim, and his assignee has since joined in the petition. It also appears from the proof that H. W. Eggers, another creditor of his, claims that he is not a creditor at all; but, assuming that such is the case, there are still twelve creditors of the bankrupt, including the petitioning creditor.
It was urged on the trial that, inasmuch as the proof developed the fact that the bankrupt had solicited...
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In re Alta Title Co.
...solicit other creditors to join in the petition and the debtor may solicit the creditors not to unite in the petition. See In re Brown, 111 F. 979, 980 (E.D.Mo.1901); Advisory Committee Note to former Bankruptcy Rule Section 303(c) permits creditors other than the original creditor(s) to jo......
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Rassi, Matter of
...re Murray, 14 F.Supp. 146 (W.D.N.Y.1936); In re Branche, 275 F. 555 (N.D.N.Y.1921); In re Blount, 142 F. 263 (E.D.Ark.1906); In re Brown, 111 F. 979 (E.D.Mo.1901); In re Skye Marketing Corp., 11 B.R. 891 (Bkrtcy.E.D.N.Y.1981). 3 The Rassis, the courts below, and our research reveal no cases......
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In re Colorado Lime Company
...In re Murray, 14 F.Supp. 146 (W.D.N.Y.1936); In re Hall, 27 F.2d 999 (W.D.Pa.1928); In re Alden, 2 F.2d 61 (D.Mass.1924); In re Brown, 111 F. 979 (E.D.Mo.1901). The basis of the decisions is that the exclusion of Blount is not in the Bankruptcy Act § 59(e) and its predecessors and, therefor......
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Security Bank & Trust Co. v. Tarlton
... ... In re Bevins (C.C.A. 2d Cir.) 21 Am.Bankr.Rep. 344, ... 165 F. 434, 91 C.C.A. 302; Matter of Kehoe (C.C.A. 2d ... Cir.) 36 Am.Bankr.Rep. 891, 233 F. 415, 147 C.C.A. 351); ... or a debtor may importune his creditors to proceed and the ... adjudication still be valid (Matter of Brown (C.C. Mo.) 7 ... Am.Bankr.Rep. 102, 111 F. 979); or, if a creditor ... solicit others to join with him, the bankrupt may solicit ... them not to do so (In re Brown (C.C. Mo.) 7 ... Am.Bankr.Rep. 102, 111 F. 979; Matter of Kehoe ... (C.C.A. 2d Cir.) 36 Am.Bankr.Rep. 891, 233 F. 415, 147 ... ...
