Erle v. Lane
Supreme Court of Colorado
Error to the Qounty Qourt of Arapahoe Qounty. Henrv W. Erle died insolvent. James Thompson, since deceased, on the 3d day of April, 1893, presented a claim against his estate for $777.90, which was duly allowed. At the time of the allowance the claim was partially secured by certain collateral transferred to him by Erie in his lifetime.
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Error to the Qounty Qourt of Arapahoe Qounty. Henrv W. Erle died insolvent. James Thompson, since deceased, on the 3d day of April, 1893, presented a claim against his estate for $777.90, which was duly allowed. At the time of the allowance the claim was partially secured by certain collateral transferred to him by Erie in his lifetime. Afterwards, by leave of the probate court, he disposed of the collateral and realized thereon the sum of $219, which was applied upon the claim. In the course of administration a fund was realized for distribution among the several creditors. Defendant in…
1Opinion of the CourtJustice Goddard
The question presented for our consideration and determination is whether a creditor of an insolvent estate of a deceased person, whose claim is secured by collateral, is entitled to receive dividends upon his entire claim as probated, notwithstanding he thereafter realized from his collateral a sum less than the amount of his claim, or only a dividend upon the balance of his claim remaining after applying thereon the proceeds so realized. We have been greatly aided in the investigation of this question by the able and thorough briefs of the respective counsel, in which the decided cases…
2Cases cited6 opinions
- In re BatesIllinois Supreme Court · 1886
- Furness v. Union National BankIllinois Supreme Court · 1893
- West v. Bank of RutlandSupreme Court of Vermont · 1847
- Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
- In re the Estate of McCuneSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Estate of Prescott State BankArizona Supreme Court · 1931
- First Nat. Bank v. GreenSupreme Court of Alabama · 1930
- Moody v. BeggsIdaho Supreme Court · 1921
- Union Trust Co. v. Fletcher Savings & Trust Co.Indiana Supreme Court · 1924
- State Ex Rel. Rankin v. Yellowstone Bank & Trust Co.Montana Supreme Court · 1925
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