In re Standard Telephone & Electric Co.
District Court, E.D. Wisconsin
In Bankruptcy. In the matter of bankruptcy proceedings of the Standard Telephone. & Electric Company. On petition to review a referee’s order allowing the claim of one Ainslee after amendment as a general claim. This is a petition for a review of the decision of lion. E. Q. Nye, referee, who allowed the claim of Mrs. Ainslee on her bonds as a general creditor.
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In Bankruptcy. In the matter of bankruptcy proceedings of the Standard Telephone. & Electric Company. On petition to review a referee’s order allowing the claim of one Ainslee after amendment as a general claim. This is a petition for a review of the decision of lion. E. Q. Nye, referee, who allowed the claim of Mrs. Ainslee on her bonds as a general creditor. The mortgage given to secure such bond covered all the property of the bankrupt, and K. K. Knapp was the trustee named therein. On December 5, 1906, the company was adjudged bankrupt on creditors’ petition. On December 21, 1906, an…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above).
[1] The contention of claimant is, first, that the petition presented by Knapp as trustee under the mortgage was in contemplation .of law a presentation of the claim of Mrs. Ainslee as the cestui que trust upon the bonds, and that such claim so presented within the year, although informal, may lawfully be amended after the expiration of such period; and, secondly, that the legal proceedings to establish and enforce the mortgage were a liquidation of the claim within the terms of the exception found in section 57n.
We will consider these points in the order in…
2Cases cited9 opinions
- Hutchinson v. OtisSupreme Court of the United States · 1903
- In re RoeberCourt of Appeals for the Second Circuit · 1903
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
- Buckingham v. EstesCourt of Appeals for the Sixth Circuit · 1904
- In re ClarkDistrict Court, N.D. New York · 1910
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3Cited by6 opinions
- Sun Basin Lumber Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- In re Southern Pharmaceutical Co.District Court, E.D. Tennessee · 1921
- New Jersey Title Guarantee & Trust Co. v. McBurneyCourt of Appeals for the Third Circuit · 1918
- In re KellerDistrict Court, E.D. Michigan · 1918
- In re Leominster Steam Laundry Co.District Court, D. Massachusetts · 1934
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