Boyd v. Michael
Court of Appeals for the Second Circuit
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above). The referee allowed the claim for the amount of the loan, because he thought equitable considerations justified its allowance, and he cites section 57k: of the Bankruptcy Act (11 USCA § 93) in support of his action. This section reads as follows:
“Claims which have been allowed may be reconsidered for cause and reallowed or rejected in whole or in part, according to the equities of the case, before but not after the estate has been closed.”
We agree with the result, but we cannot agree that this section has any bearing on the issue. It is no more than a…
2Cases cited13 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- In re LewensohnCourt of Appeals for the Second Circuit · 1903
- Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re Super Trading Co.Court of Appeals for the Second Circuit · 1927
- Graham v. First National Bank of DickinsonDistrict Court, D. North Dakota · 1959