Baird v. Smith
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the Unitéd States for the Southern Division of the Southern District of Illinois. In the matter of the bankruptcy of the Continental Engine Company. From an order overruling the referee’s disallowance of a claim filed against the bankrupt’s estate, the trustee appeals.
1Opinion of the Court
MACK, Circuit Judge.
Appeal'from an order overruling the referee’s disallowance of a claim filed against the bankrupt’s estate and allowing it for $5,026, something less than the amount claimed.
*60[1] 1. Smith was one of three petitioning creditors. The bankrupt and one creditor contested the petition, asserting, inter alia, that Smith’s claim was not valid and provable. Subsequently, however, and after a partial hearing, the adjudication was expressly consented to and the order of adjudication was entered. For the reasons fully stated by Judge Sanborn in his dissenting opinion in Ayres v. Cone,…
2Cases cited3 opinions
- Chandler v. ThompsonCourt of Appeals for the Seventh Circuit · 1902
- St. Vincent College v. HallettCourt of Appeals for the Seventh Circuit · 1912
- Ayres v. ConeCourt of Appeals for the Eighth Circuit · 1905
3Cited by21 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Heiser v. WoodruffSupreme Court of the United States · 1946
- In Re: Xyz Options, Inc., Debtor. Donald Dionne, as Trustee of the Estate of Xyz Options, Inc. v. W. Leo Keating, in Re: Xyz Options, Inc., Debtor. Donald Dionne, as Trustee of the Estate of Xyz Options, Inc. v. Scott M. Spangler, Jean G. Spangler, the Scott M. Spangler Charitable TrustCourt of Appeals for the Eleventh Circuit · 1998
- In re Stucky Trucking & Rigging Co.District Court, D. New Jersey · 1917
- In re ThompsonDistrict Court, W.D. Pennsylvania · 1921
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