In re Parkes
District Court, E.D. Michigan
On the petition of Moore, Foote & Co., creditors, for leave to amend their proof of debt, the answer of Edward E. Kane, as-signee, and proofs.
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On the petition of Moore, Foote & Co., creditors, for leave to amend their proof of debt, the answer of Edward E. Kane, as-signee, and proofs. These creditors, who were wholesale dealers in groceries in Detroit, proved a debt against the estate for upwards of four thousand nine hundred dollars, being a ledger balance against the bankrupts [John F. and Charles R. Parkes] at the time of the bankruptcy, growing out of a long course of dealing between the parties; one thousand dollars of this indebtedness was secured by a mortgage given by the bankrupts upon certain land in Iosco county in, this…
1Opinion of the CourtLongyear, District Judge
(after stating the facts as above). The court undoubtedly possessed the power, in its discretion, to allow proofs of debt to be amended; and in cases of mistake or ignorance, whether of fact or of law, will generally exercise that power in the absence of fraud, and when all parties can be placed in the same situation they would have been- in, if the error had not occurred, and where justice seems to demand that it should be done. In re Brand [Case No. 1,809]; In re Montgomery [Id. 9,730]; In re Clark [Id. 2,806]; In re Jaycox [Id. 7,242]; In re Hubbard [Id. 6,813]. But where the proceeding is…
2Cited by5 opinions
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- In re J. M. Mertens & Co.Court of Appeals for the Second Circuit · 1906
- In re BaxterDistrict Court, S.D. New York · 1882
- In re SwiftDistrict Court, D. Massachusetts · 1901