Meinhard v. Pincus
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. In the matter of the bankruptcy proceedings of Max Pincus. From an order rescinding a prior order staying the bankrupt’s discharge, pending a suit to subject certain exempt property to the claim of H. S. Meinhard & Bro., they appeal. In January, 1912, Max Pincus was, upon his voluntary petition for that purpose, adjudicated, a bankrupt.
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Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. In the matter of the bankruptcy proceedings of Max Pincus. From an order rescinding a prior order staying the bankrupt’s discharge, pending a suit to subject certain exempt property to the claim of H. S. Meinhard & Bro., they appeal. In January, 1912, Max Pincus was, upon his voluntary petition for that purpose, adjudicated, a bankrupt. He claimed exemption of certain personal property, comprising a stock of merchandise, consisting of shoes, clothing, dry goods, and notions. The…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). In Roden Grocery Company v. Bacon, reported in 133 Fed. 515, 66 C. C. A. 497, this court held:
“While the creditor holding a waiver note given by a bankrupt has no lien on specified property — in fact, no lien at all — and the debt represented by such note is one within the purview of the bankrupt law, to be discharged by proper proceedings thereunder, yet the rights of said creditor are to be so far recognized as to require the withholding of the bankrupt’s discharge a. reasonable time to permit the creditor to assert in the proper state tribunal his…
2Cases cited2 opinions
- Cable v. United States Life InsuranceSupreme Court of the United States · 1903
- B. F. Roden Grocery Co. v. BaconCourt of Appeals for the Fifth Circuit · 1904
3Cited by6 opinions
- H. E. Westerman Lumber Co. v. RaschkeSupreme Court of Minnesota · 1927
- In re J. L. Philips & Co.District Court, S.D. Georgia · 1915
- Orville William Harris and Gladys Maxine Harris, Bankrupts v. Harry HoffmanCourt of Appeals for the Eighth Circuit · 1967
- Joyner v. Bank of MenloSupreme Court of Georgia · 1923
- Ex Parte Jackson Grocery Co.Supreme Court of Alabama · 1930
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