Legal Opinion

In re Van De Mark

District Court, W.D. New York

Decided January 8, 1910No. 3,446PublishedCited by 10 opinions

In Bankruptcy. In the matter of Albert A. Van De Mark, a bankrupt. On review of decision of the referee disapproving the appointment of a trustee by"creditors, and the appointment of a trustee by the referee in the exercise of his own discretion.

1Opinion of the Court

HAZEL, District Judge.

The referee disapproved of the trustee originally appointed by the creditors at the first meeting, and thereupon a majority of creditors in number and amount elected another trustee; but the referee again disapproved of the choice and appointed a trustee of his own selection. As the trustee first appointed by the creditors was evidently interested in the affairs of the bankrupt to such an extent" as to cause the referee to believe that the votes cast for him were in the interest of a trustee favorable to the bankrupt, I think he properly exercised his discretionary…

2Cases cited4 opinions

  1. In re LewensohnDistrict Court, S.D. New York · 1899
  2. In re HenschelDistrict Court, S.D. New York · 1901
  3. In re MackellarDistrict Court, M.D. Pennsylvania · 1902
  4. In re HareDistrict Court, N.D. New York · 1902

3Cited by10 opinions

  1. Bollman v. TobinCourt of Appeals for the Eighth Circuit · 1917
  2. In Re Mayflower Hat Co.Court of Appeals for the Second Circuit · 1933
  3. In Re Flexible Conveyor Co.District Court, N.D. Ohio · 1957
  4. In re 4847 Merrick Road, Inc.District Court, E.D. New York · 1966
  5. In re KreugerDistrict Court, E.D. Kentucky · 1911

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