In re John A. Baker Notion Co.
District Court, S.D. New York
In the matter of John A. Baker Notion Company, bankrupt. On motion by James Talcott to compel the referee to accept proof of claim. This is a motion on behalf of Talcott to compel the referee in bankruptcy to accept a proof of claim tendered by him on June 24, 1910, and refused acceptance by the referee.
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In the matter of John A. Baker Notion Company, bankrupt. On motion by James Talcott to compel the referee to accept proof of claim. This is a motion on behalf of Talcott to compel the referee in bankruptcy to accept a proof of claim tendered by him on June 24, 1910, and refused acceptance by the referee. The bankrupt was adjudicated on January 9, 1903, upon petition filed December 16-, 1902. On December 15, 1902, Talcott seized all of the assets of the bankrupt under the claim of a factor’s lien for advances which arose under contract more than four months prior to December 15, 1802. A…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). Under Keppel v. Tiffin Savings Bank, 197 U. S. 356, 25 Sup. Ct. 443, 49 L Ed. 790, the Supreme Court finally decided that the surrender requisite to enable a preferred creditor to prove his claim might be after the termination of a judgment in a suit between himself and the trustee. It is true that in that case the determination was in a suit in the state court; but in Re Oppenheimer (D. C.) 140 Fed. 51, Judge Reed decided that the creditor might hie a claim in bankruptcy, and be allowed the full amount, after the bankruptcy court itself had declared void…
2Cases cited6 opinions
- Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
- Page v. RogersSupreme Court of the United States · 1909
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
- In re SampterCourt of Appeals for the Second Circuit · 1909
- In re OppenheimerDistrict Court, N.D. Iowa · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Southern Pharmaceutical Co.District Court, E.D. Tennessee · 1921
- Lowell v. BrownDistrict Court, D. Massachusetts · 1922