Whitney v. Dresser
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. The burdén- of proof as to claims against a bankrupt estate is upon the claimant, and he is not relieved of it by the ex parte statements in his proof of claim.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. The burdén- of proof as to claims against a bankrupt estate is upon the claimant, and he is not relieved of it by the ex parte statements in his proof of claim. It is of course a general principle, applicable to every form of ■•legal or’equitable procedure in courts administering the Anglo-Saxon system of jurisprudence, that a mere ex parte affidavit is’ not to be treated as legal evidence in support of the claim embodied therein, if objection is made to the claim and the issues thereby…
1Opinion of the CourtJustice Holmes
This is an appeal from the allowance of a claim of Emma B. Dresser against the firm of Dresser & Company, bankrupts,, the members of the firm being Daniel Le Roy Dresser and Charles E. Reiss. The allegations of the amended proof, so far as necessary to be stated, are that the bankrupts are justly and truly indebted to the deponent in the sum of $88,145, upon the following consideration. Before May, 1896, the deponent lent certain specified shares of stock to the firm of Dresser and Goodrich for'the purpose of the- firm’s borrowing money upon the same, etc., and the firm did so. In May, 1896,…
2Cases cited2 opinions
- In re DresserCourt of Appeals for the Second Circuit · 1905
- In re SaundersDistrict Court, D. Massachusetts · 1875
3Cited by138 opinions
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Gardner v. New JerseySupreme Court of the United States · 1947
- Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- United States v. Joseph G. LeaseCourt of Appeals for the Second Circuit · 1965
- Rasmussen v. GreslyCourt of Appeals for the Eighth Circuit · 1935
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