Housman

(after stating the facts as above). It is well established that ordinarily where the alleged act of bankruptcy is that the creditor has made a general assignment, -those who have assented to the assignment cannot be parties to a petition to have the one who has made thb assignment declared a. bankrupt. The obvious reason .is that, by accepting the assignment, the signing creditors have released their claims against the assignor and in lieu thereof have accepted claims under the assignment, and therefore should not be permitted to rely upon the ground that the assignment they consented to and participated in is the sole act upon which the assignor • should be declared a bankrupt. But in Housman’s assignment the creditors agreed to accept the pro rata and to release the assignor with the reserved right that such agreement of acceptance and release should become inoperative and void at the option of. any of such creditors, if anything intervened to prevent the payment of the pro rata to the creditors, by act of any creditor of the'assignor. When Swift & Co., a bona fide creditor, who did not assent to the assignment and release, levied an attachment upon the funds in the hands of…