Legal Opinion

In re Kessler

Court of Appeals for the Second Circuit

Decided December 12, 1910No. 69PublishedCited by 39 opinions

Appeal from the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Alfred Kessler and others, composing the firm of Kessler & Co. From an order of the District Court (176 Fed. 647), affirming an order of the referee declining to allow Heine & Co., Paris creditors, to amend their proof of claim, and disallowing their claim against the estate, they appeal.

1Opinion of the Court

LACOMBE, Circuit Judge.

On October 30, 1907, the firm of Kessler & Co. made an assignment for the benefit of creditors to William Williams, who next day sent out a printed circular to the creditors. Heine & Co., bankers in Paris, received a copy, and promptly on such receipt sent (November 12, 1907) to Williams’ assignee an account in detail of their transactions with Kessler & Co. showing a balance ow*52ing to Heine & Co. The account was accompanied with a letter stating that it was an extract of account of the firm, showing-a debit balance of 140,720 francs, and adding that Heidelbach,…

2Cases cited5 opinions

  1. Hutchinson v. OtisSupreme Court of the United States · 1903
  2. J. B. Orcutt Co. v. GreenSupreme Court of the United States · 1907
  3. In re RoeberCourt of Appeals for the Second Circuit · 1903
  4. Hutchinson v. OtisCourt of Appeals for the First Circuit · 1902
  5. Bennett v. American Credit Indemnity Co.Court of Appeals for the Sixth Circuit · 1908

3Cited by39 opinions

  1. 10 Collier bankr.cas.2d 1137, Bankr. L. Rep. P 69,875 in the Matter of Evanston Motor Co., Inc., Debtor. First National Bank of Lincolnwood v. Maurice Levine, Trustee and Attorney for TrusteeCourt of Appeals for the First Circuit · 1984
  2. In Re G. L. Miller & Co.Court of Appeals for the Second Circuit · 1930
  3. In Re LipmanCourt of Appeals for the Second Circuit · 1933
  4. First Nat. Bank v. WestCourt of Appeals for the Third Circuit · 1915
  5. Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983

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