In re Peck
Court of Appeals for the Second Circuit
Petition to Review Order of the District Court of the United States for the Northern District of New York. This cause comes here upon petition to revise an order of the District Court, Northern District of New York, denying an application by certain creditors of the bankrupt to be allowed to come in and file and prove their claims after the expiration of one year from adjudication. The opinion of the District Court is reported in 161 Eed. 762.
1Opinion of the Court
PER CURIAM,
We think the language of section 57n, Bankr. Act July 1, 1898, c. 541, 30 Stat. 561 (U. S. Comp. St. 1901, p. 3444), is conclusive of this appeal. It reads:
“Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication or if they are liquidated by litigation and the final judgment therein is rendered within thirty days before or after the expiration of such lime, then within sixty days after the rendition of such judgment.”
The latter clause of this paragraph is somewhat ambiguous, and has been construed in cases which are relied upon by the…
2Cases cited3 opinions
- Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
- In re BairdDistrict Court, E.D. Pennsylvania · 1907
3Cited by12 opinions
- Burton Coal Co. v. Franklin Coal Co.Court of Appeals for the Eighth Circuit · 1933
- In Re FantDistrict Court, W.D. South Carolina · 1927
- In Re SilkCourt of Appeals for the Second Circuit · 1932
- National City Bank v. BrislinCourt of Appeals for the Second Circuit · 1934
- In re MeyerDistrict Court, D. Oregon · 1910
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