In re R. T. Ervin & Co.
District Court, E.D. Pennsylvania
In Bankruptcy. On certificate of referee and exceptions to referee’s decision allowing claim of Ervin, Page & Co., Incorporated.
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In Bankruptcy. On certificate of referee and exceptions to referee’s decision allowing claim of Ervin, Page & Co., Incorporated. Following is the report of the referee, Edward F. Hoffman: The referee certifies to the court the following question as to the allowance •of a claim of Ervin, Page & Co., in the amount of $2,000, which claim, it is alleged by the claimant, is not covered by the decision of the referee confirmed by the district court and circuit court, disallowing a claim in excess of $17,000 filed by this claimant. The facts are, briefly, as follows: Prior to January 1, 1900,…
1Opinion of the Court
J. B. McPHERSON, District Judge.
I think the referee was right in allowing this claim. The argument of the exceptant is based upon the proposition that the money in dispute was “left in the business” of the bankrupt by the claimant, — carelessly, it may be, and not by design, but left there at all events, — thus swelling the apparent assets of the enterprise. From this proposition the conclusion is said to follow that the claim of the corporation partner must be postponed to the claims of the general creditors. This conclusion, in my opinion, is not sound, and finds no support in Wallerstein…
2Cases cited2 opinions
- Wallerstein v. ErvinCourt of Appeals for the Third Circuit · 1901
- In re ErvinDistrict Court, E.D. Pennsylvania · 1901
3Cited by2 opinions
- The DorsetDistrict Court, E.D. Virginia · 1918
- The Barge No. 4District Court, E.D. Virginia · 1918