In re Allen B. Wrisley Co.
Court of Appeals for the Seventh Circuit
In Bankruptcy. Petition to Review an Order of the District Court of the United States for the Northern District of Illinois, Sitting in Bankruptcy.
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In Bankruptcy. Petition to Review an Order of the District Court of the United States for the Northern District of Illinois, Sitting in Bankruptcy. Subsequently to the adjudication in bankruptcy, and the appointment of the Chicago Title & Trust Company as receiver, and thereafter as trustee, on September 21, 1903, a composition with creditors accepted by a majority in number holding allowed claims, including the Central Commercial Company, the appellant, was confirmed by the court. On December 30, 1903, the appellant applied for leave to file its petition to vacate the order confirming the…
1Opinion of the Court
JENKINS, Circuit Judge.
Whether the order under review is correct depends upon the question whether the petition presents a case availing to vacate the confirmation of the composition. Dumont v. Des Moines Valley Railroad Company, 131 U. S. clx., 25 L. Ed. 520. It does not, however, follow that filing of the petition should have been refused, if it be essential that all creditors assenting to the composition should be made parties and cited to answer, upon the ground that, upon the vacation of the order confirming the composition, such creditors must repay the money they had received, and…
2Cases cited1 opinion
- Marshall Field & Co. v. Wolf & Bro. Dry Goods Co.Court of Appeals for the Eighth Circuit · 1903
3Cited by8 opinions
- In the Matter of Freeport Italian Bakery, Inc., BankruptCourt of Appeals for the Second Circuit · 1965
- In Re Consupak, Inc.United States Bankruptcy Court, N.D. Illinois · 1988
- Matter of Happy Time Fashions, Inc.United States Bankruptcy Court, S.D. New York · 1980
- Matter of Chapter 13, Pending and Future CasesUnited States Bankruptcy Court, W.D. Washington · 1982
- In Re Wesley CorporationDistrict Court, E.D. Kentucky · 1937
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