Rosenbaum v. Dutton
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. In the matter of bankruptcy proceedings of the Pittsburg Lead & Zinc Company, Consolidated. P'rom a decree sustaining a referee’s order overruling a motion and petition of H. S. Rosenbaum and another to expunge the claim of F. R. Dutton, petitioners appeal.
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Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. In the matter of bankruptcy proceedings of the Pittsburg Lead & Zinc Company, Consolidated. P'rom a decree sustaining a referee’s order overruling a motion and petition of H. S. Rosenbaum and another to expunge the claim of F. R. Dutton, petitioners appeal. According to the statement of the referee: “The Pittsburg Lead & Zinc Company, Consolidated, was adjudged a bankrupt on the 14th day of September, 1908, upon an involuntary petition filed August 28, 1908. The first…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] Section 57d of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 560, 561 [U. S. Comp. St. 1901, p. 3443]) provides:
“Claims which have been duly proved, shall be allowed upon receipt by or upon presentation to the court, unless objection to their allowance shall bo made by parties in interest, or their consideration be continued for cause by the court upon its own motion.”
Section 57k provides:
“Claims which have been allowed may be reconsidered for cause and disallowed or rejected in whole or in part, according to the equities of the case, before,…
2Cases cited5 opinions
- Chatfield v. O'DwyerCourt of Appeals for the Eighth Circuit · 1900
- In re Hudson River Electric Power Co.District Court, N.D. New York · 1909
- In re SullyCourt of Appeals for the Second Circuit · 1907
- In re SternCourt of Appeals for the Eighth Circuit · 1906
- In re Hudson River Power Transmission Co.Court of Appeals for the Second Circuit · 1910
3Cited by12 opinions
- Indiana University v. Indiana Bonding & Surety Co.Indiana Court of Appeals · 1981
- In Re W. F. Hurley, Inc., Debtor. Employment Security Division, Arkansas Department of Labor v. W. F. Hurley, Inc., and Robert P. Lindsey, TrusteeCourt of Appeals for the Eighth Circuit · 1980
- In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
- In Re KarpeUnited States Bankruptcy Court, M.D. Pennsylvania · 1988
- In Re KutnerUnited States Bankruptcy Court, N.D. Texas · 1980
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