Legal Opinion
In re Rothenberg
District Court, S.D. New York
Decided November 2, 1905PublishedCited by 4 opinions
In Bankruptcy. On demurrer to involuntary petition.
1Opinion of the Court
HOLT, District Judge.
This is a demurrer to an involuntary petition. The question involved is whether the owner of a note not yet due, indorsed by the alleged bankrupt, holds a provable debt, upon which he could join in a petition. It is claimed that this is a contingent liability, and not a provable debt, .within the meaning of section 59 (Act July 1, 1898, c. 541, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3445]). I think that it is a debt which is technically provable, but which cannot be allowed until, upon the maturity of the note, the liability of the indorser is fixed. This was originally…
2Cases cited3 opinions
- Moch v. Market St. Nat. BankCourt of Appeals for the Third Circuit · 1901
- In re HornsteinDistrict Court, N.D. New York · 1903
- In re GersonDistrict Court, E.D. Pennsylvania · 1901
3Cited by4 opinions
- Maynard v. ElliottSupreme Court of the United States · 1931
- Kay v. Federal Rubber Co.Court of Appeals for the Third Circuit · 1930
- In re SmithDistrict Court, D. Rhode Island · 1906
- In Re MyersDistrict Court, E.D. New York · 1940