Legal Opinion

In re Graves

District Court, D. Vermont

Decided October 21, 1910PublishedCited by 4 opinions

In the matter of bankruptcy proceedings of Allen L,. Graves, in which Percival W. Clement filed a claim against the bankrupt as the indorser of a note secured by a mortgage executed by the Vail Right & Lumber Company. The special master reported against the allowance of the claim, and claimant petitioned for review of said report and for a new trial.

1Opinion of the Court

MARTIN, District Judge.

This is the same case that was before the court in July, 1908, reported 163 F. 358, 20 Am. Bankr. Rep. 818. The closing paragraph of that opinion reads as follows:

“The cause is referred back to the referee to find the balance due on said note after deducting the value of the property covered by said mortgage and taken under said decree. If the counsel for the trustee and the counsel for the claimant agree as to what the balanco should be, the referee is instructed to report that fact, with the amount agreed upon, to the court.”

The claimant requested the court to…

2Cases cited1 opinion

  1. In re GravesDistrict Court, D. Vermont · 1908

3Cited by4 opinions

  1. Wilkerson v. Grand River Dam AuthoritySupreme Court of Oklahoma · 1945
  2. Oklahoma Turnpike Authority v. DealSupreme Court of Oklahoma · 1965
  3. In re McAuslandDistrict Court, D. New Jersey · 1916
  4. Oklahoma Turnpike Authority v. DealSupreme Court of Oklahoma · 1965

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