Cross

This is an appeal from an adjudication of bankruptcy upon a petition brought by three creditors alleging upon information and belief that the bankrupt, Cross-Oswald, limited, “is a copartnership consisting of Robert C. Cross and George Oswald.” As an act of bankruptcy petitioners alleged that the bankrupt “did, on or about the 24th day of June, 1931, make a general assignment for the benefit of its creditor”; that the bankrupt “is now insolvent”; and that within four months preceding the filing of the petition had made certain preferential payments. The only peculiarity in the petition was that petitioner, in addition to alleging upon information and belief the existence of such copartnership, stated, “that your petitioners have not sufficient knowledge or information upon which to state the capacity or legal status of the alleged bankrupt,” and in the caption of the petition described the bankrupt as “a copartnership, corporation or association.” The petition was answered by “Cross-Oswald, Ltd., a corporation.” There was no answer filed on behalf of the alleged copartnership or the individuals alleged to compose the same, Robert C. Cross and George II. Oswald. The answer of the…