1. Bankruptcy (§ 72*) — Involuntary Proceedings — “Moneyed, Business, ob Commercial Corporation.”

A corporation engaged in leasing its own property and collecting rents therefor, with' power to sue and be sued, to contract debts, and to dispose of its property, is a “moneyed, business, or commercial corporation,” against which involuntary proceedings in bankruptcy may be had under Bankruptcy Act July 1, 1898, c. 541, § 4b, 30 Stat. 547 (TJ. S. Comp. St. 1001, p. 3423), as amended by Act June 25, 1910, c. 412, § 4, 36 Stat. 839.

[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 17; Dec. Dig. § 72.*

For other definitions, see Words and Phrases, vol. 8, p. 7724; vol. 2, p. 1301.

What persons are subject to bankruptcy law, see note to Mattoon Nat. Bank v. First Nat. Bank, 42 C. C. A. 4.]

2. Bankruptcy (§ 81*) — Involuntary Proceedings — Petition—Sufficiency.

A petition by a foreign corporation in an involuntary bankruptcy proceeding is not insufficient for failing to show compliance with the laws of the state where the bankruptcy proceeding is pending.

[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 81:*]

3. Bankruptcy (§ 84*> — Petition—Amendment—Time for Filing.

An amended petition, filed within the time granted by an order extending the time for filing, will not be stricken for failure to file the order within the time allowed under the first order for filing the amended petition.

[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 126-129; Dec. Dig. § 84.*]

4. Bankruptcy (§ 81*) — Involuntary Proceedings — Petition—Sufficiency —Limitations.

A petition in involuntary bankruptcy, setting up a claim based upon a contract for labor and material furnished “within four years immediately before the filing of the petition herein,” does not affirmatively show that the claim is barred by limitations.

[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 113-118: Dec. Dig. I 81.*]

5. Bankruptcy (§ 59*) — “Act of Bankruptcy” — Suffering Execution Levy.

Merely suffering an execution to be levied is not an act of bankruptcy within Bankruptcy Act July 1. 1898, c. 541, § 3a, 30 Stat. 546’ (U. S. Comp. St. 1901, p. 3422), making it an act of bankruptcy to permit, while insolvent, any creditor to obtain a preference through legal proceedings; failure to discharge the lien of the execution before it becomes an indissoluble preference and an imminent probability that the lien will ripen into such preference being essential.

[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 81, 82; Dec. Dig. § 59.*

For other definitions, see Words and Phrases, vol. 1, p. 118; vol. 8, p. 7562.1

6. Bankruptcy (§ 81*) — Involuntary Proceedings — Petition—Sufficiency.

A petition in involuntary bankruptcy, stating that claims due the bankrupt were assigned without consideration, that suits have been commeneed thereon by the assignee, and that the assignments were made to hinder and defraud creditors, is insufficient to exclude a theory that the assignment was made for purposes of collection.

[ICd. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 113-118; Dec. Dig. § 81.*]

7. Bankruptcy (§ 81*) — Involuntary Proceedings — Petition—Sufficiency —Acts of Bankruptcy.

A petition in involuntary bankruptcy showed an act of bankruptcy under Bankruptcy Act July 1, 1898, e. 541, § 3a, subd. 1, 30 Stat. 546 (Ü. S. Comp. St. 1901, p. 3422), by transferring- assets to hinder or defraud creditors where it alleged that, within four months before the petition was filed, the bankrupt permitted its sole stockholders to appropriate portions of its property to their own use.

[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 59; Dec. Dig. § 81.*]

8. Bankruptcy (§ 81*) — Involuntary Proceedings — Intervening Petition-Sufficiency.

In an involuntary bankruptcy proceeding, the petition of an intervening creditor will be stricken, where he counts merely upon a judgment from which an' appeal has been taken, and where the nature of the original claim is not set forth.

[Ed. Note. — For other cases, see Bankruptcy, Dee. Dig. § 81.*