In re Lorillard
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order of the district court, Southern district of New York, allowing two claims against the bankrupt, one of Peter Lorillard for $285,725.91, and the other of Henry I. Barbey for $299,603.51. Both include interest. Objection to such allowance was made by several of the other creditors, some of whom have appealed.
1Opinion of the Court
LACOMBE, Circuit Judge.
Two objections are urged to the allowance of these claims, — (a) that they were outlawed at the time petition in bankruptcy was filed, and (b) that they had been paid some years before.
Peter Lorillard is the brother, Barbey the brother-in-law, of the bankrupt. Their claims are for money loaned him upon his promissory notes. The latest due date of any note held by either is more than six years prior to the filing of petition in bankruptcy. Both claims would be barred by the statute unless there has been some acknowledgment or promise in writing, signed by the debtor,…
2Cases cited7 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Allen v. WebsterNew York Supreme Court · 1836
- Hancock v. BlissNew York Supreme Court · 1831
- Wright v. ParmenterAppellate Terms of the Supreme Court of New York · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ferguson v. LyleCourt of Appeals for the Fifth Circuit · 1920