Pentz v. White
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. In the matter of the bankruptcy of H. S. White, doing business under the name of the H. S. White Machinery Company.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. In the matter of the bankruptcy of H. S. White, doing business under the name of the H. S. White Machinery Company. The bankrupt’s application for discharge was granted, the order of the referee denying discharge being reversed, on the ground that William R. Pentz, as trustee in bankruptcy, had not been authorized by the creditors to oppose the discharge (238 Fed. 874), the trustee appeals. This is an appeal from the order of the District Court, reversing…
1Opinion of the CourtGilbert, Circuit Judge
(after stating- the facts* as above).
[1, 2] The appeal presents the question whether the court below erred in ordering the discharge of the bankrupt. The record which came before the court failed to show that the trustee had ever been authorized to interpose objections to the discharge. His specifications of objection recited no such authority, and no proof was offered to show that it had been given. Under the amendment of 1910, the trustee could act only upon authority conferred upon him at a meeting of the creditors called for that purpose (In re Hockman [D. C.] 205 Fed. 330), and the…
2Cases cited10 opinions
- In re IvesCourt of Appeals for the Sixth Circuit · 1902
- In re ChandlerCourt of Appeals for the Seventh Circuit · 1905
- In re BrownCourt of Appeals for the Fifth Circuit · 1901
- In re Louisville Nat. Banking Co.Court of Appeals for the Sixth Circuit · 1908
- Thompson v. MauzyCourt of Appeals for the Fourth Circuit · 1909
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3Cited by6 opinions
- In Re TorgovnickCourt of Appeals for the Second Circuit · 1931
- In re SlatkinDistrict Court, E.D. Michigan · 1923
- In re MillerDistrict Court, D. Minnesota · 1930
- In re SolomonCourt of Appeals for the Second Circuit · 1930
- In re VerbitskyDistrict Court, E.D. Pennsylvania · 1925
1 more not listed; retrieve them via the Exa API.