In re Baber
District Court, E.D. Tennessee
In Bankruptcy. On petition to review action of referee. This is a petition to review the action of the referee on the application of the trustee for instructions by the court. The adjudication of the bankrupt was made October 30, 1900. At the first meeting of the' creditors, December 2, 1900, the Bank of Huntingdon proved its claim as one without security for the sum of $2,172.76, and a brother of the cashier of the bank was elected trustee by the creditors.
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In Bankruptcy. On petition to review action of referee. This is a petition to review the action of the referee on the application of the trustee for instructions by the court. The adjudication of the bankrupt was made October 30, 1900. At the first meeting of the' creditors, December 2, 1900, the Bank of Huntingdon proved its claim as one without security for the sum of $2,172.76, and a brother of the cashier of the bank was elected trustee by the creditors. Subsequently, January 29, 1901, and June 12, 1901, -the bank received as dividends on its claim an aggregate sum of $608.37. As a matter…
1Opinion of the CourtHammond, J.
(after stating the facts). Counsel for the Bank •of Huntingdon and the trustee have both applied by letter to be heard in argument upon the questions raised by this petition for a review ■of the action of the referee, but the matter can easily be disposed •of without any argument. Technically, the bank has no right to be heard at this stage of the proceedings, and the argument would be ■only a matter of courtesy to the bank and its counsel. The application of the trustee is for advice and a direction of the court as to the propriety of his bringing suit against the bank by petition in this…
2Cases cited4 opinions
- McLean v. MayoDistrict Court, E.D. North Carolina · 1901
- Missouri Pac. Ry. Co. v. Texas & P. Ry. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1887
- In re ArnettDistrict Court, W.D. Tennessee · 1901
- In re AbramU.S. Circuit Court for the District of Northern California · 1900
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- Burco, Inc. v. WhitworthCourt of Appeals for the Fourth Circuit · 1936
- Kanter v. RobertsonCourt of Appeals for the Fourth Circuit · 1939
- In re Day Lumber Co.District Court, W.D. Washington · 1925
- Weil v. NearyCourt of Appeals for the Second Circuit · 1927
- In re MeurerDistrict Court, E.D. Pennsylvania · 1906