In re McCarthy Portable Elevator Co.
District Court, D. New Jersey
In Bankruptcy. In the matter of the bankruptcy proceedings of the McCarthy Portable Elevator Company. The referee disallowed a claim filed by Joseph F. McKiernan for $1,076 for money advanced to the bankrupt, and he filed a petition for review.
1Opinion of the Court
RELLSTAB, District Judge.
The claim in controversy was proved by Joseph P. McKiernan within the year alter adjudication. On its face no one else had any interest in it. In the taking of testimony on objection to such claim, it appeared that Frederick C. Keeney had purchased it before such proof was made. The referee disallowed the claim on the ground that it had not beep proved by the owner, as required by section 57a of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 560 (U. S. Comp. St. 1901, p. 3443). tie summarized the evidence underlying his order as follows:
“The testimony shows…
2Cases cited7 opinions
- Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
- Hutchinson v. OtisSupreme Court of the United States · 1903
- Ludowici Roofing Tile Co. v. Pennsylvania Inst. for Instruction of the BlindCourt of Appeals for the Third Circuit · 1903
- In re MercurDistrict Court, E.D. Pennsylvania · 1902
- In re J. M. Mertens & Co.Court of Appeals for the Second Circuit · 1906
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- In re LevinsonDistrict Court, W.D. Washington · 1924
- Greene v. BoothCourt of Appeals for the Ninth Circuit · 1924
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