In re Zeis
District Court, W.D. New York
In the matter of George J. Zeis, bankrupt. On review of a decision of the referee in bankruptcy, sustaining objections and disallowing a claim of lien and priority of payment. Claim disallowed, and report approved.
1Opinion of the Court
HAZEL, District Judge.
The referee in bankruptcy sustained the objections of the trustee to the claim of McCarthy Bros. & Eord to proceeds realized on sale of certain property of the bankrupt ’which had been levied upon by the sheriff of Erie county more than four months before the filing of the petition. The claim was disallowed on the ground that the execution lien had become dormant and was unenforceable against the trustee at the time the petition was filed.
[1,2] The law is that a lien on personal property levied upon by virtue of an execution four months before bankruptcy intervenes is…
2Cases cited2 opinions
- Excelsior Needle Co. v. Globe Cycle WorksAppellate Division of the Supreme Court of the State of New York · 1900
- Whitla & Nelson v. BoydCourt of Appeals for the Ninth Circuit · 1914
3Cited by2 opinions
- In re Monarch Acetylene Co.District Court, W.D. New York · 1916
- In re Gulfport Furniture Co.District Court, S.D. Mississippi · 1932