Form No. 364 ORDER SETTING ASIDE A COMPOSITION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 310.) a creditor of the above named bankrupt, having filed a petition herein, verified the ..... day of ... 19..., praying that the composition of said bankrupt with his creditors, confirmed by order of this court dated the ... day of 19..., be vacated and set aside for fraud in procuring same, and the proceeding reinstated, and an order to show cause having been issued thereon on the and the said motion having come on for hearing before this court on the .... day of ..... ..... day of ........... 19..., (and a trial had), Now, upon reading and filing the petition of .. 19..., ... afore said, and upon all the pleadings and proceedings herein, and after hearing Esq., in support of said motion, and Esq., in opposition thereto, and due deliberation having been had thereon, it is, on motion of said petitioner. .., attorney for Ordered, adjudged and decreed that the composition of the bankrupt with his creditors herein, confirmed by this court by order made and entered on the day of .... 19..., be and the same hereby is in all respects vacated and set aside and the bankruptcy proceeding reinstated. And it is further ordered that the property of the said bankrupt be and hereby is restored to the trustee herein and the said trustee directed to proceed with the administration of this estate, as provided in the Bankruptcy Act. 370. Bond in Reclamation for Possession of Property, 2632. 372. Order of Reference to Special Master, 2635. 373. Report of Special Master in Reclamation, 2636. 374. Judgment in Reclamation for Delivery, etc., upon Report of Master, 2638. 375. Bill of Costs in Reclamation and Notice of Taxation, 2640. Form No. 365 DEMAND IN RECLAMATION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 311.) Please take notice that the undersigned is the owner of and entitled to the immediate possession of the following chattels which were wrongfully and unlawfully obtained from him by the above-named (alleged) bankrupt, and that the undersigned demands the immediate return of said property, to wit: (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 312.) To the District Court of the United States, for the respectfully shows and alleges: First: (That your petitioner is a corporation duly organized under and existing under and by virtue of the laws of the State of ..... and having an office for the transaction of its business in ........). the city of Second: That at all the times hereinafter mentioned, the ... said bankrupt was engaged in business in the city of as Third: That your petitioner is the owner and entitled to the immediate possession of the property set forth in schedule "A" hereto annexed, and made a part hereof, and that the value of said property is ($........) dollars. ... Fourth: That your petitioner further alleges upon information and belief, that heretofore and on or about the ... ........ day of .... 19..., an involuntary petition in bankruptcy was filed in the office of the clerk of this court, by three creditors of above bankrupt, praying that the said .... be adjudged an involuntary bankrupt, and that thereafter ..., Esq., was duly appointed as temporary receiver in bankruptcy of the said ... and that pursuant to the order of his appointment, he did take possession of and continues to hold the property mentioned and described in the schedule hereto annexed and made a part hereof, marked exhibit "A," and that the said property is in the original piece in which it was delivered by your petitioner to the said .. said (That on the ... day of ........ was duly adjudicated a bankrupt). 19..., the Fifth: That heretofore and before the commencement of this proceeding, due demand was made by your petitioner upon the said.... Esq., receiver, that he deliver possession of the said goods, wares and merchandise in said schedule "A" mentioned to your petitioner, but that said demand has been refused. and the . day of ... ....... both ...... Sixth: That heretofore and at various times between the day of ... dates inclusive, said upon false and fraudulent representations, induced your petitioner to sell and deliver to him. the said goods, wares and merchandise mentioned and described in said schedule "A" hereto annexed, and the said ... wrongfully, fraudulently and with intent to defraud your petitioner and knowing that your petitioner relied upon the truth of the representations so made, procured the said property to be delivered to his custody. .... Seventh: That at the time that the said goods were so delivered to the said .... by your petitioner as aforesaid, and at the time that the said false and fraudulent representations were made as aforesaid, the said .... was insolvent and unable to pay his debts in full to his knowledge, and made false and fraudulent representations with intent to cheat and defraud your petitioner, and so knowing his insolvency as aforesaid, induced your petitioner to sell and deliver the said merchandise as aforesaid with the intent and design not to pay therefor when the term of credit upon which the same had been sold should have expired. Eighth: Your petitioner further alleges that the false and fraudulent representations, the truth of which he relied upon, and which induced him to sell and deliver the said merchandise as aforesaid, are as follows, to wit: That heretofore and on or about the ...... day of.... 19..., the said .... statement of his financial condition to .... ... did make, sign and deliver a written ... in the city of wherein he did state that he had merchandise on to the value of $. . . . . . . . ; ; fixtures of the value of $... hand on the ...... day of outstanding accounts of $.. .... ; or a total of assets and cash on hand and in bank of $. of $........ and did further state that his liabilities amounted to the sum of $........ and that he was worth over and above all his debts and liabilities the sum of $...... Ninth: That your petitioner obtained the said statement previous to the sale and delivery of the said merchandise in said schedule "A" mentioned; and as your petitioner is informed and does verily believe, the said did deliver the said signed statement as aforesaid to petitioner for the purpose of obtaining credit, and that your petitioner relied upon the truth of the representations therein contained. .... .. did the assets as here Tenth: Upon information and belief, that the aforesaid representations were false and untrue, in that the said not have on the ........ day of ..... tofore alleged and stated by him in said statement, of the total value. of $...... .., and owed in liabilities a sum in excess of the liabilities as hereinabove alleged and by him in said statement specified of $.... and that the said .... did not have a surplus over and above all of his debts and liabilities of the sum of $.. Eleventh: That the said goods had not been taken by virtue of a warrant against your petitioner for the collection of any tax, assessment or fine, issued in pursuance of a statute of the United States. and that they have not been seized by virtue of an execution or warrant of attachment from or through whom your petitioner has derived title to the said chattels, Wherefore, your petitioner does respectfully pray that the said Esq., as said temporary receiver herein, be directed to deliver to your petitioner the said property in said schedule "A" ; |