In re Sully
Court of Appeals for the Second Circuit
Petitions to Review and Appeals from the District Court of the United States for the Southern District of New York. . .On petitions for review (one by Hawley and Ray, and the other by creditors McCormick, Berg, and Cahn, whose claims have been proved and allowed in the bankruptcy court) of orders made by the District Court reversing orders of the referee. 142 Red. 895. Under the orders of the referee Hawley and Ray, as parties in interest under sections 57d' and 57k of the…
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Petitions to Review and Appeals from the District Court of the United States for the Southern District of New York. . .On petitions for review (one by Hawley and Ray, and the other by creditors McCormick, Berg, and Cahn, whose claims have been proved and allowed in the bankruptcy court) of orders made by the District Court reversing orders of the referee. 142 Red. 895. Under the orders of the referee Hawley and Ray, as parties in interest under sections 57d' and 57k of the bankruptcy act .(Act July 1, 1898, c. 541, 30 Stat. 560, 561 [U. S. Comp. St. 1901, pp. 3443, 3444]), were permitted to…
1Per curiam
The orders under review upon the petitions of ■Hawley and Ray should be affirmed because these petitioners were not “parties in interest” to the bankruptcy proceeding within the meaning of section 57 (Act July 1, 1898, c. 541, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443]), and therefore had no standing in court to ask .for the orders granted by the referee. It is true that the trustee in bankruptcy was about to bring an action against them to recover a considerable sum of money,' and it is argued that their defense will be seriously prejudiced by the adjudication in the bankruptcy proceeding…
2Cases cited1 opinion
- In re LewensohnCourt of Appeals for the Second Circuit · 1903
3Cited by19 opinions
- Hardenbrook v. LandquistCourt of Appeals for the Seventh Circuit · 1934
- In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
- Eastgate Enterprises, Inc. v. Funk (In Re Meade Land & Development Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1979
- Gregg Grain Co. v. Walker Grain Co.Court of Appeals for the Fifth Circuit · 1922
- In Re KutnerUnited States Bankruptcy Court, N.D. Texas · 1980
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