In re Diamond
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. This cause comes here upon petition to review an order made by the District Court, Southern District of New York, amending the order of adjudication and petition and order for discharge, so as to discharge the bankrupt from his debts as member of a partnership, as well as from his individual debts.
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Petition to Review Order of the District Court of the United States for the Southern District of New York. This cause comes here upon petition to review an order made by the District Court, Southern District of New York, amending the order of adjudication and petition and order for discharge, so as to discharge the bankrupt from his debts as member of a partnership, as well as from his individual debts. The original schedule enumerated all the firm creditors, who had due notice of all proceedings.
1Per curiam
The amendments were such as the District Court had power to make, and the case seems a proper one for the granting of the relief prayed for. See In re Kaufman (D. C.) 136 Fed. 262, in the conclusion and reasoning of which we fully concur. The petitioning creditor contends that the case cited was erroneously decided because it held that firm creditors might present their claims against the individual bankrupt, whereas this court in Re Janes, 133 Fed. 912, 67 C. C. A. 216 held that “such proof could not be made.” This is a, misreading of our decision in the Janes Case. , We did not hold that…
2Cases cited2 opinions
- In re JanesCourt of Appeals for the Second Circuit · 1904
- In re KaufmanDistrict Court, E.D. New York · 1905
3Cited by2 opinions
- Lockhart v. New York Life Ins.Court of Appeals for the Fourth Circuit · 1934
- In Re Andreana ClassicsDistrict Court, S.D. New York · 1955