In re Western States Building-Loan Ass'n

An involuntary petition was filed herein, being verified by three alleged creditors. The description of the debt of each creditor is set forth in-the following terms, there being a difference in the names and amounts only: “The claim is for moneys deposited with the alleged bankrupt, which moneys the alleged bankrupt agreed to return upon demand (subject to the provisions of the laws of the State of California regarding building and loan associations and the bylaws of the alleged bankrupt applicable thereto.) That an account stated was rendered by the alleged bankrupt and the petitioner in the sum of-and said sum was agreed to be due, owing and payable from the alleged bankrupt to the petitioner herein.”

The act of bankruptcy alleged is that, within four months preceding the date of filing the involuntary petition, respondent being then insolvent, an equity receiver was appointed and put in charge of its property. A motion is made on behalf of the alleged bankrupt and an intervening creditor to dismiss the petition on the ground chiefly that petitioners are not shown to be creditors holding provable claims. The argument in support of the motion to dismiss is mainly to the point…