In re Bergeron
District Court, E.D. Michigan
In bankruptcy. Petition of Doggett, Bas-sett & Hills, of Chicago, to set aside adjudication in bankruptcy [against John B. Ber-geron. The petition sets forth that petitioners were creditors of Bergeron upon an open account for merchandise to the amount of fourteen hundred and twenty dollars and forty-six cents.
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In bankruptcy. Petition of Doggett, Bas-sett & Hills, of Chicago, to set aside adjudication in bankruptcy [against John B. Ber-geron. The petition sets forth that petitioners were creditors of Bergeron upon an open account for merchandise to the amount of fourteen hundred and twenty dollars and forty-six cents. That on the 28th of January, 1875, they commenced suit against the bankrupt in the circuit court for the county of Calhoun, by attachment, and that the suit is still pending; that on the 31st day of March certain creditors of the bankrupt filed a petition upon which Bergeron was…
1Opinion of the Court
BROWN, District Judge.
Upon the argument of this case I intimated a doubt whether a creditor who had obtained a preference by attachment, and was no party to the bankruptcy proceedings, stood in a position to set aside an adjudication, even though it had been improperly and irregularly entered. The first reported case I have found is that of Brewster v. Shelton, 24 Conn. 140. Under the laws of that state, an attachment-creditor filed a petition in the probate court for the appointment of a trustee of the debt- or, pursuant to the provisions of the statute, and it was held that other attaching…
2Cases cited2 opinions
- Brewster v. SheltonSupreme Court of Connecticut · 1855
- In re Boston, H. & E. R.U.S. Circuit Court for the District of Connecticut · 1871
3Cited by2 opinions
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Allen v. ThompsonDistrict Court, W.D. Tennessee · 1882