In re Hubbard
District Court, D. Massachusetts
In bankruptcy. [In the matter of Edward Hubbard, Jr.] In this case certain creditors proved their debts at the first meeting, on the twenty-fifth of November, and on the-twenty-first of December they filed a petition before the register to be allowed to withdraw their proofs of debt from the files, for the reason- that, since proof had been made, they had discovered that a certain person named was a dormant partner , with the bankrupt, and was solvent; that they could not by…
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In bankruptcy. [In the matter of Edward Hubbard, Jr.] In this case certain creditors proved their debts at the first meeting, on the twenty-fifth of November, and on the-twenty-first of December they filed a petition before the register to be allowed to withdraw their proofs of debt from the files, for the reason- that, since proof had been made, they had discovered that a certain person named was a dormant partner , with the bankrupt, and was solvent; that they could not by due diligence have discovered this fact earlier; and alleging that they had. discontinued all suits against the…
1Opinion of the Court
LOWELL, District Judge.
Where proof, has been made under a mistake of fact, or even of law, it may be corrected, almost as a matter of course, if neither the bankrupt nor other creditors who have proved will be injured. And even where the rights of others will be affected, if the only effect is to restore all parties to the position they were in before the debt was proved, it would be proper to allow the withdrawal if there had been a mistake, and no want of diligence. In the only case in which I have refused such a petition, the creditor, by proving his debt, had relieved an attachment by…
2Cited by6 opinions
- In Re O'Gara Coal Co.Court of Appeals for the Seventh Circuit · 1926
- Nichols v. SmithMassachusetts Supreme Judicial Court · 1887
- In re BaxterDistrict Court, S.D. New York · 1882
- Gardner v. Chicago Title & Trust Co.Court of Appeals for the Seventh Circuit · 1926
- In re BurgessSupreme Judicial Court of Maine · 1891
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