In re Pollmann
District Court, S.D. New York
In Bankruptcy. On petition for review of order made by Dexter, referee, disallowing in part the claim of Bruno Klemm. The bankrupt was adjudicated in July, 1905, pursuant to an Involuntary petition filed on the preceding January 20th. On November 3, 1901, Klemm, a creditor residing in Germany, obtained a lien against certain German real estate belonging to Pollmann.
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In Bankruptcy. On petition for review of order made by Dexter, referee, disallowing in part the claim of Bruno Klemm. The bankrupt was adjudicated in July, 1905, pursuant to an Involuntary petition filed on the preceding January 20th. On November 3, 1901, Klemm, a creditor residing in Germany, obtained a lien against certain German real estate belonging to Pollmann. The exact nature of the lien in terms of American law does not clearly appear; but it is plain that said lien was not a mortgage or hypothecation existing prior to November 3, 1904, nor was it created on that date by any act of…
1Opinion of the Court
HOUGH, District Judge.
Inasmuch as there is no evidence of insolvency on Pollmann’s part in November, 1904, the referee has based his finding entirely on section 670(3), Act July 1, 1898, c. 541, 30 Stat. 564 [U. S. Comp. St. 1901, p. 3449], holding that the German proce*222dure was of the nature of “an attachment upon mesne process,” that it was begun “within four months before the filing of a petition in bankruptcy” against Pollmann, and that such lien (i. e., attachment) “was sought and permitted in fraud of the provisions of this act.”
In the able opinion filed by the referee I concur. If the…
2Cases cited4 opinions
- Toof v. MartinSupreme Court of the United States · 1871
- Wilson v. NelsonSupreme Court of the United States · 1901
- Oakey v. BennettSupreme Court of the United States · 1851
- In re ThomasDistrict Court, W.D. Pennsylvania · 1900
3Cited by1 opinion
- United States v. One Ice BoxDistrict Court, N.D. Illinois · 1930