In re Dresser
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This is an appeal by the trustee of the above-named bankrupts from an order of the District Court of the Southern District of New York, affirming the decision of the referee in bankruptcy which dismissed the objections of the trustee to the proof of claim filed by Emma B. Dresser and allowed the said claim.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. This is an appeal by the trustee of the above-named bankrupts from an order of the District Court of the Southern District of New York, affirming the decision of the referee in bankruptcy which dismissed the objections of the trustee to the proof of claim filed by Emma B. Dresser and allowed the said claim. The claim was filed originally August 26, 1903. January 21, 1904, the trustee filed objections. March 3, 1904, the claimant filed an amended proof of claim. No objections were filed to the amended…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts). Several of the objections urged against the original proof were obviated by the amended proof, and it is manifest that the issue now arises on the amended proof and objections thereto. It is, at least, doubtful whether the objections are sufficient to present any of the questions now discussed, but as the point has not been seriously pressed we shall regard them as presenting fairly the following questions;
First. Does the amended proof, upon its face, state a claim against Dresser & Co.? And
Second. Is it prima facie evidence of the indebtedness as therein stated ?
It…
2Cases cited9 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Johns v. WilsonSupreme Court of the United States · 1901
- Barlow v. . MyersNew York Court of Appeals · 1876
- First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Whitney v. DresserSupreme Court of the United States · 1906
- United States v. KelloggCourt of Appeals for the Second Circuit · 1921
- American Equitable Assurance Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- In Re Estrada's MarketDistrict Court, S.D. California · 1963
- In re JonesDistrict Court, W.D. Michigan · 1907
4 more not listed; retrieve them via the Exa API.