In re Warner
District Court, D. Connecticut
In Bankruptcy. Upon certificate of Henry. G. Newton, referee. “I, Henry G. Newton, one of the referees in bankruptcy of said court, do hereby certify: That in the course of the proceedings in said cause before me, I was requested to pass upon the question whether an attachment by Eneas Warner of a debt due the above-named bankrupt from Jerome T. Donovan was or was not dissolved. The attachment was made February 8, 1905, about 9 a. m.
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In Bankruptcy. Upon certificate of Henry. G. Newton, referee. “I, Henry G. Newton, one of the referees in bankruptcy of said court, do hereby certify: That in the course of the proceedings in said cause before me, I was requested to pass upon the question whether an attachment by Eneas Warner of a debt due the above-named bankrupt from Jerome T. Donovan was or was not dissolved. The attachment was made February 8, 1905, about 9 a. m. The petition in bankruptcy was filed and the adjudication had June 8, 1905, at 5:30 p. m., exactly four m'onths and eight hours after the attachment was in fact…
1Opinion of the Court
PLATT, District Judge.
In this matter the equities attaching to all creditors are equal, except in this, that the attaching creditoi may *989be entitled to a little greater consideration for his diligence in following his debt. If nothing prevented, the ride that, when the exact hour at which two events occurred can be known, the court will use such knowledge in the interest of justice, would appeal to the conscience of the court. It happens, however, that section 31 of the act under which we are proceeding (Act July 1, 1898, c. 541, 30 Stat. 554 [U. S. Comp. St. 1901, p. 3434]) stands in the way,…
2Cited by11 opinions
- Bell v. WestCourt of Appeals for the Fourth Circuit · 1930
- Poston v. Ford (In Re Ford)United States Bankruptcy Court, W.D. Virginia · 1983
- In re De LewandowskiDistrict Court, D. Massachusetts · 1917
- In re HolmesDistrict Court, D. Vermont · 1908
- In re LedbetterDistrict Court, N.D. Georgia · 1920
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