Legal Opinion

In re McKinney

District Court, W.D. Pennsylvania

Decided April 15, 1883PublishedCited by 5 opinions

In Bankruptcy. Bur exceptions to the register’s report upon the claim of H. Oppenheimer.

1Opinion of the CourtAcheson, J.

The adjudication in bankruptcy was on October 21, 1872, upon a petition filed September 28, 1872. The bankrupt’s note bears date September 25, 1872, and was due 60 days thereafter. The tender of proof .upon the note was made December 29, 1879. The period of limitation under the Pennsylvania statute is six years. It thus appears that more than the statutory period had run after the adjudiction, and after the maturity of the note, before the proof of debt thereon was tendered. It is a Pennsylvania contract and the parties thereto reside in this state. Is the statute of limitations a bar to the…

2Cases cited2 opinions

  1. West v. His CreditorsSupreme Court of Louisiana · 1846
  2. Nicholas v. MurrayU.S. Circuit Court for the District of Oregon · 1878

3Cited by5 opinions

  1. McCormick v. Puritan Coal Mining Co.Court of Appeals for the Third Circuit · 1928
  2. Buss Mach. Works v. Watsontown Door & Sash Co.District Court, M.D. Pennsylvania · 1933
  3. In re BergDistrict Court, D. Minnesota · 1940
  4. In re LevinsonDistrict Court, W.D. Washington · 1925
  5. McCormick v. Puritan Coal Mining Co.Court of Appeals for the Third Circuit · 1928

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