In re Duryea Power Co.
District Court, E.D. Pennsylvania
In Bankruptcy. The facts shown by the referee’s report with reference to the alleged objectionable communications written to creditors to obtain proxies to be voted in the election of a trustee were as follows: Charles E. Duryea. who had been an officer of a bankrupt corporation wrote a letter to the attorneys for certain creditors in which he asserted that his desire to have the affairs of the corporation wound up in bankruptcy was for the jJurpose of determining whether…
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In Bankruptcy. The facts shown by the referee’s report with reference to the alleged objectionable communications written to creditors to obtain proxies to be voted in the election of a trustee were as follows: Charles E. Duryea. who had been an officer of a bankrupt corporation wrote a letter to the attorneys for certain creditors in which he asserted that his desire to have the affairs of the corporation wound up in bankruptcy was for the jJurpose of determining whether the stock originally subscribed by some of the officers of the company had been paid for, and that he was endeavoring to…
1Opinion of the Court
J. B. McPHERSON, District Judge.
Of the two questions arising under this certificate, the first has to do with the refusal of the referee (Samuel E. Bertolet, Esq.) to permit Herbert M. Sternbergh to vote upon his claim in the election of a trustee. The claimant intended to vqte for the Pennsylvania Trust Co., which received 76 votes, cast by creditors holding about $12,000 of claims, while the Berks County Trust Co., which was declared elected, received 77 votes, cast by creditors holding claims aggregating about $45,000. Since, therefore, it is evident that if the claimant had been permitted…
2Cases cited3 opinions
- Shannon v. StevensonSupreme Court of Pennsylvania · 1896
- Cooke v. MarshallSupreme Court of Pennsylvania · 1899
- In re Wiener & Goodman Shoe Co.District Court, E.D. Pennsylvania · 1899
3Cited by3 opinions
- Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913
- In re L. M. Alleman Hardware Co.District Court, M.D. Pennsylvania · 1909
- In re Manufacturers' Box & Lumber Co.District Court, D. New Jersey · 1918