In re Kane
Court of Appeals for the Seventh Circuit
Petition for Revision of Proceedings of the District Court of the -.United Statés for the Northern District of Illinois, in Bankruptcy. ' Upon a voluntary petition filed September 15, 1902, Thomas J. Kane was adjudicated a bankrupt.
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Petition for Revision of Proceedings of the District Court of the -.United Statés for the Northern District of Illinois, in Bankruptcy. ' Upon a voluntary petition filed September 15, 1902, Thomas J. Kane was adjudicated a bankrupt. Pror' thereto the bankrupt was the owner of a stock of groceries, market goods, and fixtures at the city of Chicago, upon which was a chattel mortgage to one Clough, who had taken possession thereof under the mortgage, and advertised the stock for sale. The receiver In bankruptcy took possession of the stock from the mortgagee under an arrangement, and, after the…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). A court of bankruptcy is a court of equity, seeking to administer the law according to its spirit, and not merely by its letter. The bankruptcy act provides that it shall not affect the allowance to bankrupts of the exemptions prescribed by the state laws at the time of the filing of the petition. Act July i, 1898, c. 541, § 6, 30 Stat. 348 [U. S. Comp. St. 1901, p. 3424]. It also provides by section 7 that the bankrupt in the schedules to his petition shall make a claim for such exemptions as he may be entitled to. The statute of Illinois (Starr & C. Ann.…
2Cases cited2 opinions
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- In re MayerCourt of Appeals for the Seventh Circuit · 1901
3Cited by22 opinions
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- Burton Coal Co. v. Franklin Coal Co.Court of Appeals for the Eighth Circuit · 1933
- United States v. KillorenCourt of Appeals for the Eighth Circuit · 1941
- Smith v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Eighth Circuit · 1936
- Miller v. KleinCourt of Appeals for the Seventh Circuit · 1938
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