Board of Commerce v. Security Trust Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. In ¡he matter of the -Climax Specialty Company, bankrupt; Security Trust Company, trustee. From an order affirming the rejection of a claim by the referee, the Board of Commerce of Ann Arbor, Mich., appeals. The appellant, Board of Commerce of Ann Arbor, Mich., is a corporation of that state.
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Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. In ¡he matter of the -Climax Specialty Company, bankrupt; Security Trust Company, trustee. From an order affirming the rejection of a claim by the referee, the Board of Commerce of Ann Arbor, Mich., appeals. The appellant, Board of Commerce of Ann Arbor, Mich., is a corporation of that state. Its articles of incorporation are not in evidence and its powers appear only as disclosed by the testimony of its secretary, who was the only witness called in the case. He said, without…
1Opinion of the CourtHoulister, District Judge
(after stating the facts as above). [1, 2] The objection chat the claim is not sufficiently proved is based upon the fact that from the evidence it does not appear the breach of contract by the company was not brought about by strikes, labor difficulties, fires, acts of the elements, panics, or other causes beyond its control. In the sworn proof of claim these negatives were clearly alleged, and, in the absence of proof to the contrary, are held to he sufcieiitly proved under the Bankruptcy Act, since such allegations are prima facie evidence and the sworn proof of claim is some evidence,…
2Cases cited46 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Roehm v. HorstSupreme Court of the United States · 1900
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
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3Cited by14 opinions
- The PoznanDistrict Court, S.D. New York · 1921
- In re VelerCourt of Appeals for the Sixth Circuit · 1918
- Smith v. Lambert Transfer Co.Washington Supreme Court · 1920
- Commonwealth Cotton Oil Co. v. LesterSupreme Court of Oklahoma · 1932
- Fleming v. HarrisonCourt of Appeals for the Eighth Circuit · 1947
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