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IN RE SUMMIT, INC.

10 F.Supp. 495 (1935)

In re SUMMIT, Inc.

District Court, W. D. New York.

March 26, 1935.

Attorney(s) appearing for the Case

Otto W. Iloff, of Syracuse, N. Y., for Summit, Inc.

Alexander Skinner, of Geneva, N. Y., for petitioning creditors.

Thomas J. Cleere, of Geneva, N. Y., in pro. per.

RIPPEY, District Judge.

An involuntary petition in bankruptcy was filed March 14, 1935, against Summit, Inc. This motion is to dismiss the petition on the ground that the petition is defective.

Two acts of bankruptcy are alleged. Under the first alleged act of bankruptcy, the corporation is alleged to have made a preferential payment of $45 to a creditor. This is too trivial an amount to show a preference constituting an act of bankruptcy. Houchin Sales Co...

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