In re Hare
District Court, N.D. New York
This is an appeal from an order of a referee in bankruptcy appointing one Eugene M. Perry trustee of the estate of the bankrupt, William A. Hare. William A. Hare having been adjudged a bankrupt herein, the matter was duly referred to a referee for further proceedings under and pursuant to the provisions of the bankrupt act [TJ. S. Comp. St. 1901, p. 3418]. The first meeting of creditors was held May 19, 1902. The bankrupt appeared in person and by M. H. Kiley, his attorney.
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This is an appeal from an order of a referee in bankruptcy appointing one Eugene M. Perry trustee of the estate of the bankrupt, William A. Hare. William A. Hare having been adjudged a bankrupt herein, the matter was duly referred to a referee for further proceedings under and pursuant to the provisions of the bankrupt act [TJ. S. Comp. St. 1901, p. 3418]. The first meeting of creditors was held May 19, 1902. The bankrupt appeared in person and by M. H. Kiley, his attorney. Geo. E. Dennison appeared for 18 creditors of said bankrupt, whose aggregated proved claims amounted to 81,189.50. Other…
1Opinion of the CourtRay, District Judge
(after stating the facts). It is plain that the order appointing Eugene F. Perry trustee of the property of this bankrupt cannot be sustained and should not be sustained. Chapter 5 of the bankruptcy act [U. S. Comp. St. 1901, p. 3434] is devoted to “Officers, Their Duties and Compensation.” Section 44 [U. S. Comp. St. 1901, p. 3438] reads as follows:
“Appointment of Trustees, (a) The creditors of a bankrupt estate shall, at their first meeting after the adjudication or after a vacancy has occurred in the office of trustee, or after an estate has been reopened, or after a composition has been…
2Cases cited1 opinion
- In re LewensohnDistrict Court, S.D. New York · 1899
3Cited by6 opinions
- Bollman v. TobinCourt of Appeals for the Eighth Circuit · 1917
- In re KellarCourt of Appeals for the First Circuit · 1912
- In re Van De MarkDistrict Court, W.D. New York · 1910
- In re ZukyDistrict Court, E.D. New York · 1926
- In re William F. Fisher & Co.District Court, D. New Jersey · 1905
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