In re H. L. Herbert & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of H. I,. Herbert & Co., a corporation, bankrupt. From an order expunging its claim, the National Surety Company appeals. Appeal from an order expunging the claim, as creditor, of National Surety Company, entered in the District Court for the Southern District of New York.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of H. I,. Herbert & Co., a corporation, bankrupt. From an order expunging its claim, the National Surety Company appeals. Appeal from an order expunging the claim, as creditor, of National Surety Company, entered in the District Court for the Southern District of New York. The facts, as stated in the proof of claim of the appellant, are that on and prior to April 30, 1902, one Henry L. Herbert, being engaged in the business of buying and selling coal, “entered into a contract with” one…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] There can be no difference between the assumption of a mortgage, when the party assuming receives grant of the mortgaged lands, and the assumption of business debts, when such a party receives or takes over the business. The law of New York on this subject is summarized in Willard v. Wood, 135 U. S. 309, 10 Sup. Ct. 831, 34 L. Ed. 210. See, also, Schley v. Fryer, 100 N. Y. 71, 2 N. E. 280, and Goodyear, etc., Co. v. Dancel, 119 Fed. 692, 56 C. C. A. 300.
This bankrupt, therefore, became personally liable to Thedford in 1907, and the relation of the…
2Cases cited10 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Willard v. WoodSupreme Court of the United States · 1890
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Goodyear Shoe Machinery Co. v. DancelCourt of Appeals for the Second Circuit · 1902
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3Cited by13 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Eden v. MillerCourt of Appeals for the Second Circuit · 1930
- Ball v. United StatesUnited States Court of Claims · 1956
- Chicago & Northwestern Railway Co. v. KrammeSupreme Court of Iowa · 1953
- Corp. of Royal Exchange Assurance v. United StatesCourt of Appeals for the Second Circuit · 1935
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