In re C. Jutte & Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; W. H. Seward Thomson, Judge. In the matter of the bankruptcy of C. Jutte & Co. From an order dismissing the petition of E. B. Gribble and another, creditors, for leave to intervene, they appeal.
1Opinion of the Court
WOOLLEY, Circuit Judge.
The single question in this case concerns the right of creditors of an alleged bankrupt, other than original petitioners, to appear at any time before the decision of the issue óf bankruptcy and join in the petition, under authority of section 59f of the Bankruptcy Act of July 1, 1898, c. 541, 30 Stat. 544, 561 (Comp. St. § 9643).
The unexplained neglect of the appellants promptly to prosecute the right they now assert deprives them of every consideration of equity. If the right still exists, it does so only by force of the statute construed very strictly with reference…
2Cases cited7 opinions
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- In re Charles Town Light & Power Co.District Court, N.D. West Virginia · 1910
- In re SteinCourt of Appeals for the Second Circuit · 1901
- Van Derveer v. Phillips & Buttorff Mfg. Co.Court of Appeals for the Fifth Circuit · 1902
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3Cited by1 opinion
- McCune v. First Nat. Trust & Savings Bank of Santa BarbaraCourt of Appeals for the Ninth Circuit · 1940