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Canute Steamship Co., Ltd. v. Pittsburgh Coal Co., 263 U.S. 244 (1923)

Canute Steamship Company, Ltd.

v. Pittsburgh & West Virginia Coal Company

No. 72

Argued October 12, 15, 1923

Decided November 12, 1923

263 U.S. 244


Under the Bankruptcy Act §§ 3b, 59b, 59f, where a petition for involuntary bankruptcy, filed by three petitioners, is sufficient on its face, alleging that they are creditors with provable claims, and containing all averments essential to its maintenance, other creditors having provable claims who intervene in the proceeding and join in the petition at any time during its pendency before an adjudication is made, after as well as before the expiration of four months from the alleged act of bankruptcy, are to be counted at the hearing in determining whether there are three petitioning creditors qualified to maintain the petition, it being immaterial in such case whether the three qualified creditors joined in the petition originally or by intervention. P. 263 U. S. 247.

283 F. 108 affirmed.

Page 263 U. S. 245

Certiorari to a judgment of the circuit court of appeals affirming an adjudication of bankruptcy made by the district court.

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