In re FIDELITY SAVINGS & LOAN ASS'N

Good Law
53 F.2d 241·1931 U.S. Dist. LEXIS 1761
United States District Court, Central District of CaliforniaNovember 3, 1931No. 17433California3,676 words

Opinion

Lead Opinion

Hollzer, J.

This proceeding comes .before 'us upon a petition of three alleged creditors seeking to have the Fidelity Savings So Loan Association, a corporation, hereinafter referred to as the Association, adjudicated an involuntary bankrupt.

In the body of the petition, the petitioning creditors are alleged to be Mrs. A. E. McMullin, Myrtle lone Schnoor, and Mrs. W. A. Short. At the end of the petition, the following three names are typewritten, to wit: “A. E. McMullin,” “Myrtle lone Schnoor,” and “W. A. Short.” Except as just indicated, the petition is not signed. Only one of the petitioners, namely, Myrtle lone Schnoor, verified the same.

The only ground upon which it is alleged that an adjudication of bankruptcy should be declared is pleaded in the following language:

“That within four months preceding the filing of this petition the said alleged bankrupt committed an act of bankrupt in that it did make a general assignment for the benefit of its creditors, to-wit:

“That within the said four months period and to-wit: on or about the 23d day of May, 1931, the said alleged bankrupt did transfer all its assets to the Pacific States Savings and Loan Company, a corporation for the benefit…

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