In re Swift
District Court, D. Massachusetts
In Bankruptcy. On petition by trustee to reconsider allowance of the claim of a creditor. Tk.e certificate of the referee was as follows: I, James M. Olmstead, one of the referees of said court of bankruptcy, hereby certify that in the course of the proceedings in said cause before me the following question arose, pertinent to the said proceedings, to wit: This was a petition filed June 21, 1900, by the trustee to reconsider the allowance of the proof of claim of James R.…
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In Bankruptcy. On petition by trustee to reconsider allowance of the claim of a creditor. Tk.e certificate of the referee was as follows: I, James M. Olmstead, one of the referees of said court of bankruptcy, hereby certify that in the course of the proceedings in said cause before me the following question arose, pertinent to the said proceedings, to wit: This was a petition filed June 21, 1900, by the trustee to reconsider the allowance of the proof of claim of James R. Dee, a creditor of said estate. The claim was allowed in the sum of eighty-three hundred sixty-seven and 66/ioo (8,307.65)…
1Opinion of the Court
LOWELL, District Judge.
In this case there was very slight reference by counsel to the evidence submitted with the referee’s report, and his findings of fact are accepted.
The court has first to determine what was the relation of the creditor to the bankrupt, and what the nature of the contract created by the bankrupt’s agreement to buy stocks on a margin. The contract w-as made in Massachusetts, and the law of Massachusetts governs its interpretation, determining the nature of the bankrupt’s ownership in the stock bought, and of his lien upon the same. There are mercantile contracts, which,…
2Cases cited12 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Markham v. . JaudonNew York Court of Appeals · 1869
- Skiff v. StoddardSupreme Court of Connecticut · 1893
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Harris v. City of PhiladelphiaSupreme Court of Pennsylvania · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
- Shaffer v. Union Brick Co.U.S. Circuit Court for the District of Kansas · 1904
- Chapin v. BrickleyCourt of Appeals for the First Circuit · 1923
- In re SwiftDistrict Court, D. Massachusetts · 1902
3 more not listed; retrieve them via the Exa API.