Powell v. Pangborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas W. Pangborn and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of December, 1913, denying defendants’ motion to vacate the service of a summons herein upon the defendants, who, as president and vice-president of a bankrupt corporation, had come within the State to testify at the first meeting of creditors before the United States…
Read the full summary
Appeal by the defendants, Thomas W. Pangborn and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of December, 1913, denying defendants’ motion to vacate the service of a summons herein upon the defendants, who, as president and vice-president of a bankrupt corporation, had come within the State to testify at the first meeting of creditors before the United States referee in bankruptcy.
1Opinion of the Court
Putnam, J.:
A non-resident creditor coming to New York to attend a creditors’ meeting in bankruptcy before a register under United States Revised Statutes, title LXI, is exempt from civil process. (Matthews v. Tufts, 87 N. Y. 568.) Hearings in bankruptcy before referees under the present act of 1898 are judicial so as to protect an attending creditor from being subjected to the service of process. (Morrow v. Dudley & Co., 144 Red. Rep. 441.) The bankrupt himself, attending a hearing before the referee as a party or a witness, is privileged from arrest and from service of State court process.…
2Cases cited5 opinions
- Caha v. United StatesSupreme Court of the United States · 1894
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. . MarcoNew York Court of Appeals · 1893
- Goldsmith v. HaskellAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- Burroughs v. Cocke & WillisSupreme Court of Oklahoma · 1916
- Sofge v. LoweTennessee Supreme Court · 1915
- Thermoid Co. v. FabelNew York Court of Appeals · 1958
- Engle v. ManchesterCourt of Appeals for the D.C. Circuit · 1917
- Kirtley v. ChamberlinSupreme Court of Iowa · 1958