In re Moehs & Rechnitzer

Court: District Court, S.D. New York
Date filed: 1909-02-15
Citations: 174 F. 165
Copy Citations
2 Citing Cases
Lead Opinion
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.