Legal Opinion

In re Gebhard

District Court, M.D. Pennsylvania

Decided September 25, 1905No. 642PublishedCited by 4 opinions

In Bankruptcy. On certificate from W. W. Fletcher, referee, sur claim of E. M. Biddle, Jr.

1Opinion of the Court

ARCHBALD, District Judge.

The amount involved in this case is small — $9.23—but it must be disposed of with the same care as though it were greater. The question is whether a collection fee, stipulated for in a confession of judgment given by a bankrupt, is provable against his estate along with the principal debt; no attorney having been employed to enforce or collect it until after bankruptcy. On February 3, 1896, the bankrupt gave his promissory note to E. M. Biddle, Jr., the present claimant, for $142, payable April 1, 1897, therewith confessing judgment for the amount named, with interest…

2Cases cited6 opinions

  1. Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
  2. Merchants' Bank v. ThomasCourt of Appeals for the Fifth Circuit · 1903
  3. Imler v. ImlerSupreme Court of Pennsylvania · 1880
  4. In re GarlingtonDistrict Court, N.D. Texas · 1902
  5. Assigned Estate of HoganSupreme Court of Pennsylvania · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
  2. Mechanics'-American Nat. Bank v. ColemanCourt of Appeals for the Eighth Circuit · 1913
  3. In re JenkinsDistrict Court, W.D. South Carolina · 1912
  4. In re HarrisDistrict Court, M.D. Pennsylvania · 1921

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