Duryea Power Co. v. Sternbergh
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the construction of certain provisions of the Bankruptcy Law, and the jurisdiction of this court of appeals from the Circuit Court of Appeals, are stated in the opinion.
1Opinion of the CourtJustice Holmes
delivered the opinion of the court.. This case arose on a controversy as to the right of the appellee, Sternbergh, to vote, on the selection of a trustee in bankruptcy. At the first meeting of the creditors Sternbergh offered for allowance a proof , of .claim for $14,438.86, which was objected to on the ground that Sternbergh was indebted to the bankrupt company for unpaid stock. Sternbergh announced that he intended to use this claim for voting purposes. After a hearing the referee refused to allow the claim for use in the election and certified the facts, as Sternbergh’s vote, if allowed*…
2Cases cited1 opinion
- Holden v. StrattonSupreme Court of the United States · 1903
3Cited by32 opinions
- In re Saco Local Development Corp.Court of Appeals for the First Circuit · 1983
- Taylor v. VossSupreme Court of the United States · 1926
- Chicago Bank of Commerce v. CarterCourt of Appeals for the Eighth Circuit · 1932
- Baxter v. Savings Bank of Utica, NYCourt of Appeals for the Fifth Circuit · 1937
- In re De RanCourt of Appeals for the Sixth Circuit · 1919
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