In re Moehs & Rechnitzer
174 F. 165
S.D.N.Y.
1909
Check Treatment
HOLT, District Judge.

The liability on the petitioning creditors’ bond is for damages caused by the appointment of the receiver. There is no liability for filing a petition in bankruptcy, except for the usual costs, unless the petitioners acted without probable cause and maliciously, and in that case the remedy is a suit in the nature of a suit for malicious prosecution.

Motion denied.