In re Troy Woolen Co.
District Court, N.D. New York
This was an application by the assignee of the bankrupt for a reargument or rehearing on the report of a referee, sustaining claims of Cooper, Vail & Co., of New York, against the bankrupt, to the amount of $67,-000, and the exceptions to that report filer! by the assignee, and by the First National Bank of Troy, a creditor of the bankrupt.
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This was an application by the assignee of the bankrupt for a reargument or rehearing on the report of a referee, sustaining claims of Cooper, Vail & Co., of New York, against the bankrupt, to the amount of $67,-000, and the exceptions to that report filer! by the assignee, and by the First National Bank of Troy, a creditor of the bankrupt. The decree confirming the report on the first hearing was filed July 13th, 1871, and the bank and the assignee were, on or about the 15th July, Informed thereof. The bank attempted to obtain a reversal of that decree by a petition of review to the circuit…
1Opinion of the Court
HALL, District Judge.
The present application, though in form an application by the assigned for a reargument, or rehearing, is, in substance and fact, an application to this court in the interest of the other creditors of the bankrupt, who oppose the claim of Cooper, Vail & Co., for an order vacating the order or decree allowing the claim of Cooper, Vail & Co., that it may, on being re-entered, be subject to an appeal. It is an application to the court to do, in this indirect manner, what, it is conceded, it cannot directly do, — -that is, to extend the time fixed by statute within which an…
2Cases cited4 opinions
- Wait v. . Van AllenNew York Court of Appeals · 1860
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Caldwell v. Mayor of AlbanyNew York Court of Chancery · 1842
- Jellinghaus v. New York InsuranceThe Superior Court of New York City · 1860