Legal Opinion
In re Youroveta Home & Foreign Trade Co.
Court of Appeals for the Second Circuit
Decided March 3, 1924No. 216PublishedCited by 6 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The common statement of the rule in matters like this is.that, under Whitney v. Dresser, 200 U. S. 532, 26 Sup. Ct. 316, 50 L. Ed. 584; a sworn proof of claim puts the "burden of proof” on the objecting trustee. This is not an accurate statement, for, as Holmes, J., remarked in the case cited, the question is—
“whether the sworn proof of claim is prima facie evidence of its allegations in ease it is objected to. It is not a question of the burden of proof in a technical sense, a burden which does not change, whatever the state of the. evidence, but * * *…
2Cases cited6 opinions
- Whitney v. DresserSupreme Court of the United States · 1906
- In re HornsteinDistrict Court, N.D. New York · 1903
- In re Youroveta Home & Foreign Trade Co.Court of Appeals for the Second Circuit · 1923
- In re T. A. McIntyre & Co.Court of Appeals for the Second Circuit · 1909
- In re MenzinCourt of Appeals for the Second Circuit · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United Hotels Co. of America, Inc. v. MealeyCourt of Appeals for the Second Circuit · 1945
- In re Annin & Co.Court of Appeals for the Second Circuit · 1938
- Helliwell v. George R. Burrows, Inc.Court of Appeals for the Second Circuit · 1946
- In re TownsendCourt of Appeals for the Third Circuit · 1926
- In re VarneyDistrict Court, E.D. Kentucky · 1927
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