Legal Opinion
In re Wilde's Sons
District Court, S.D. New York
Decided December 5, 1904PublishedCited by 9 opinions
In Bankruptcy.
1Opinion of the Court
HOLT, District Judge.
This is a proceeding to review an order of the referee expunging the claim of H. C. Bennett & Co. against the bankrupt estate for $102,564.59 for money loaned. The trustee contested it on the ground of usury, and the referee sustained the contention. The claimants contend that usury cannot be pleaded in bankruptcy, but it appears to be settled by a decision of the Circuit Court of Appeals that a trustee in bankruptcy can interpose the defense of usury in opposition to a claim filed against the bankrupt estate. Matter of Kellogg, 10 Am. Bankr. Rep. 7, 121 Fed. 333, 57 C.…
2Cases cited7 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Perkins v. . SmithNew York Court of Appeals · 1889
- In re KelloggCourt of Appeals for the Second Circuit · 1903
- Hawley v. KountzeAppellate Division of the Supreme Court of the State of New York · 1896
- Bosworth v. KinghornAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Seeman v. Philadelphia Warehouse Co.Supreme Court of the United States · 1927
- Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937
- Continental Savings & Building Ass'n v. WoodCourt of Appeals of Texas · 1930
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- Adele Speare and George Speare, Individually and as Co-Partners Doing Business as the Agora Prime Rib Restaurant and the Co-Partnership of the Agora Prime Rib Restaurant. Adele Speare and George Speare, Debtors in Possession, Consolidated Assets Corporation, Appellee-AppellantCourt of Appeals for the Second Circuit · 1966
4 more not listed; retrieve them via the Exa API.