Legal Opinion
In re Miller
District Court, S.D. New York
Decided December 13, 1937PublishedCited by 4 opinions
1Opinion of the Court
MANDELBAUM, District Judge.
The'referee in bankruptcy has disallowed and expunged the claims of Helen Carey, Katherine Ford, Mrs. William Ford, Edward J. Devlin, Jr., and Albert Devlin. Each of the foregoing claimants have petitioned this court for a review of the referee’s ruling on their respective claims.
First, the right of the trustee in bankruptcy to attack these claims on the ground of usury is seriously questioned. It is maintained that he cannot plead usury without first tendering the amount of the loan with legal interest. Generally, this argument has a sound legal basis, supported by…
2Cases cited8 opinions
- Halsey v. WinantNew York Court of Appeals · 1932
- Wheelock v. . LeeNew York Court of Appeals · 1876
- In re SternCourt of Appeals for the Eighth Circuit · 1906
- In re FishelCourt of Appeals for the Second Circuit · 1912
- Rice v. SchneckAppellate Division of the Supreme Court of the State of New York · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- 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
- In Re RichardsDistrict Court, D. Maine · 1967
- In re SpeareCourt of Appeals for the Second Circuit · 1966
- In re BorumUnited States Bankruptcy Court, E.D. Arkansas · 1986