Strobel & Wilken Co. v. Knost
District Court, S.D. Ohio
In Bankruptcy. On review of decision of referee in bankruptcy. The opinion of the referee (Morison It. Waite) was as follows; “This matter comes before me on two motions, — the first by the trustee to disallow the claim of Henry Gioseking, Jr., administrator of Henry Giesekingv for $1,741.39, on the ground that the sa.id administrator received on December 24, 1898, and on January 4, 1899, preferences, to wit. payments of money, $200 and $1,000 on account; and the other a…
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In Bankruptcy. On review of decision of referee in bankruptcy. The opinion of the referee (Morison It. Waite) was as follows; “This matter comes before me on two motions, — the first by the trustee to disallow the claim of Henry Gioseking, Jr., administrator of Henry Giesekingv for $1,741.39, on the ground that the sa.id administrator received on December 24, 1898, and on January 4, 1899, preferences, to wit. payments of money, $200 and $1,000 on account; and the other a moüon by said Gioseking filed after the other, to disallow the claims of 27 other creditors, all trade creditors, who at…
1Opinion of the Court
TJIOMPBON, District Judge.
This matter is submitted to the court on a petition for the review of the findings and rulings of the referee in disallowing the claims of certain creditors. The able opinion of the referee in support of his rulings presents the true construction of the provisions of the bankrupt act covering the controversy. When insolvency overtakes the debtor, his creditors, as contributors' to the estate in Ms possession, have an equitable right to liave the proceeds of the estate distributed among them equally, in proportion to the amount of their respective claims; and if,…
2Cited by6 opinions
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- In re Rogers Milling Co.District Court, W.D. Arkansas · 1900
- In re BlairDistrict Court, S.D. New York · 1900
- In re SecklerDistrict Court, D. Kansas · 1901
- In re AlexanderDistrict Court, N.D. Georgia · 1900
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