278 F. 625 | E.D.N.Y | 1921
The alleged bankrupt has moved to dismiss the'petition herein on the ground that upon the face thereof it is jurisdictionally defective.. The specific objections are, first, that it appears from the petition that a claim of the National Box & Lumber Company, which totals the sum of $4,132.48, was divided into two parts for the purpose of obtaining the requisite number of petitioning creditors, two of whom, Prigg and Kopp, were described as assignees of the last-mentioned company; second, that the petition pleads the language of the statute in its references to the alleged acts of bankruptcy, without setting forth in detail the facts constituting the same; third, that the petition is based upon information and belief, the sources of information and grounds of belief not being stated; and, fourth, that the petition sets forth that the alleged bankrupt is insolvent, without pleading in detail the facts from which insolvency necessarily follows.