Legal Opinion
In re C. Moench & Sons Co.
District Court, W.D. New York
Decided June 16, 1903No. 1,412PublishedCited by 3 opinions
In Bankruptcy. On question certified by referee as commissioner.
1Opinion of the Court
HAZEL, District Judge.
This is an involuntary proceeding in bankruptcy. The issues raised by the answer of the Eliot National Bank were referred to a referee as commissioner to ascertain and report the facts, together with his conclusions thereon. The commissioner filed a special report stating that on the opening of the hearing before him the petitioning creditors, by their counsel, raised the preliminary objection that the Eliot National Bank was a preferred creditor, and, having no provable claim, could not resist the adjudication. Testimony was thereupon taken, notwithstanding the…
2Cases cited4 opinions
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
- In re Burlington Malting Co.District Court, E.D. Wisconsin · 1901
- In re SchenkeinDistrict Court, W.D. New York · 1902
3Cited by3 opinions
- First Nat. Bank of Wilkes Barre v. Wyoming Valley Ice Co.District Court, M.D. Pennsylvania · 1905
- In re CohnDistrict Court, E.D. Pennsylvania · 1915
- In re CareyCourt of Appeals for the Second Circuit · 1918