In re Kyler
District Court, S.D. New York
[In the matter of Morris Kyler, a bankrupt.] In this case, on petition of the assignee, stating that James Houghton, Jr., had made proof of debt herein, according to form 22 of the general orders in bankruptcy, and that the assignee had reason to believe that the debt so proved was founded in illegality, and was not entitled to be proved, or to participate in any dividend herein, the court made an order, pursuant to section 22 of the bankruptcy act [of 1807 (14 Stat. 527)],…
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[In the matter of Morris Kyler, a bankrupt.] In this case, on petition of the assignee, stating that James Houghton, Jr., had made proof of debt herein, according to form 22 of the general orders in bankruptcy, and that the assignee had reason to believe that the debt so proved was founded in illegality, and was not entitled to be proved, or to participate in any dividend herein, the court made an order, pursuant to section 22 of the bankruptcy act [of 1807 (14 Stat. 527)], referring the matter to the register in charge, and requiring the creditor to appear before the register and be examined…
1Opinion of the Court
BLATCHFORD, District Judge.
I hold, first, that this creditor, having proved his debt in the proceedings, became subject to the jurisdiction of the court, without regard to his place of residence, and was bound to obey all the orders of the court touching bis alleged debt; second, that the court can, in case of his disobedience of its orders, deprive him of all the benefits of the bankruptcy act, given to creditors, and can reject and expunge his claims; third, that he is not entitled to witness’ fees for attendance, in analogy to the fact that a bankrupt, ordered to be examined under section…
2Cited by1 opinion
- In re George Watkinson & Co.District Court, E.D. Pennsylvania · 1904