In re Yegen

This is an appeal from a decree dismissing an involuntary petition in bankruptcy, praying for the adjudication of Peter Yegen and Christian Yegen, as partners doing business as Yegen Bros., and for their adjudication as individuals.

The facts are that for some time prior to March 24, 1924, the alleged bankrupts owned and conducted as partners private banks in the cities of Billings, Gardner, and Butte, in the state of Montana, under the name and style of Yegen Bros., Bankers. On the day named, the Attorney General of the state filed a complaint in the district court of Silver Bow county, in which Butte is situated, praying that a receiver be appointed to take charge of the assets, books, accounts, and property of the bank at Butte. In the complaint it is alleged that about February 28, 1924, the state examiner of banks, by virtue of authority vested in him by law, examined into the business affairs and financial condition of each and all of the private banking institutions owned and operated by the alleged bankrupts,, and from such examination' ascertained, determined, and found that the property and assets of eaeh of the banks were impaired, and that each was in an insolvent…