Reports of Causes Determined in the United States District Court for the District of Hawaii Volume 2

Reports of Causes Determined in the United States District Court for the District of Hawaii Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...may petition for adjudication in involuntary bankruptcy without stating the names of the partners, --quaerc? Proof of Authority of Agent to Bring Proceedings: The authority of an agcnt to act for his principal in petitioning for adjudication in in voluntary bankruptcy, is material and should be set forth in the aflidavit or otherwise established. i Agent.--Ver1'ficati0n: An authorized agent is qualified to verify such a petition when his principals are at a distance and he is acquainted with the facts. Wage-earner; farmer, ete.: Averment in petition for involuntary bankruptcy that alleged bankrupt is not a wage-earner nor engaged chiefly in farming or the tillage of the soil, necessary unless the other averments sufliciently exclude the fact of such occupations. In Bankruptcy. Involuntary Proceedings: Demurrer to Petition. Magoon & Lightfoot, Attorneys for Petitioners. A. S. Humphreys, Attorney for Respondent. DOLE, J. The petition in this case was demurred to on the grounds, first, that all of the petitioners but one were vaguely described as companies without anything to show whether they were corporations or otherwise. Secondly, that if any of such companies were partnerships, the names of the partners should have been stated. Third, that no legal capacity to sue is shown in regard to such companies as described. Fourth, there being no certainty in regard to the legal appearance of any of the petitioners, except one, the rule that three creditors shall petition, if the creditors are twelve in number, leaves this petition inadequate under the rule. Fifth, the petition is not properly verified because Hr. Cecil Brown, who alleges himself to be the attorney of the said companies, alleges no authority to subscribe and verify the...
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Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • English
  • Illustrations, black and white
  • 1236988140
  • 9781236988140