In re L. W. Day & Co.
Court of Appeals for the Second Circuit
Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of U. W. Day & Co., a corporation, bankrupt.
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Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of U. W. Day & Co., a corporation, bankrupt. On petition to revise an order of the District Court (174 Fed. 164). This cause comes _here on petition to revise an order of the District Judge, vacating an order o'f the referee appointing a trustee in bankruptcy, and directing that at the new election of trustee no claim shall be voted “which is held uow or has been hold since the petition was filed by any oflicer of the bankrupt, or by Julius Wodiska, or the attorney for the…
1Per curiam
Besides the notes which he transferred, Wodiska had a claim against the bankrupt which was duly filed and allowed; so had one Mann, who, it is alleged, was an officer of the company; and so had the attorney.
We think the order of the District Judge vacating the appointment of a trustee by the referee was one which it was entirely within his discretion to make. As to so much of the order, however, as forbids an officer of the corporation, or its attorney, or Wodiska, from themselves voting on any allowed claims of their own, we are not inclined to assent to the proposition that they may thus…
2Cases cited1 opinion
- Falter v. ReinhardCourt of Appeals for the Sixth Circuit · 1901
3Cited by7 opinions
- In Re Latham Lithographic CorporationCourt of Appeals for the Second Circuit · 1939
- In Re Ira Haupt & Co.District Court, S.D. New York · 1965
- McAdoo & Neblett v. F. P. Newport Corp.Court of Appeals for the Ninth Circuit · 1937
- In re Gloria Vanderbilt-sonia Gowns, Inc.District Court, S.D. New York · 1938
- In re Stradley & Co.District Court, N.D. Alabama · 1911
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