Legal Opinion

In re Troy & Cohoes Shirt Co.

District Court, N.D. New York

Decided April 12, 1905No. 1,464PublishedCited by 5 opinions

In Bankruptcy. This is the review of an order made by Edwin A. King, as referee In bankruptcy, on the 7th day of January, 1905, disallowing the claim of International Trust Company against the estate of said bankrupt, Troy & Cohoes Shirt Company, for the sum of $25,010.50, presented and proved February 26, 1904. The claim is upon five promissory notes of $5,000 each, made by said Troy & Cohoes Shirt Company, payable to its own order, and indorsed by it and others, and…

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In Bankruptcy. This is the review of an order made by Edwin A. King, as referee In bankruptcy, on the 7th day of January, 1905, disallowing the claim of International Trust Company against the estate of said bankrupt, Troy & Cohoes Shirt Company, for the sum of $25,010.50, presented and proved February 26, 1904. The claim is upon five promissory notes of $5,000 each, made by said Troy & Cohoes Shirt Company, payable to its own order, and indorsed by it and others, and finally discounted by the said International Trust Company. The defense of the trustee sustained by the referee was and is…

1Opinion of the Court

RAY, District Judge.

To understand the case and the legal principles applicable, it is necessary to fully state the material facts.(1) The maker of the notes, in question, Troy & Cohoes Shirt Company, was, before its bankruptcy, a manufacturing corporation of the state of New York, with its principal place of business at Cohoes, N. Y., engaged in making and selling shirts, etc. Its officers were Frederick Beiermeister, Jr., president,' Charles F. Beiermeister, vice president, and John M. Beiermeister, secretary and treasurer. These gentlemen were stockholders in, but not the only ones, and the…

2Cases cited30 opinions

  1. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  2. Andrews v. PondSupreme Court of the United States · 1839
  3. Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
  4. Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
  5. Vosburgh v. . DiefendorfNew York Court of Appeals · 1890

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3Cited by5 opinions

  1. In re Castle Braid Co.District Court, S.D. New York · 1906
  2. Scherer v. EverestCourt of Appeals for the Eighth Circuit · 1909
  3. National City Bank v. Shelton Electric Co.Washington Supreme Court · 1917
  4. Brent v. SimpsonCourt of Appeals for the Fifth Circuit · 1916
  5. In re Hopper-Morgan Co.District Court, N.D. New York · 1907

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