Moore v. Simms
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. In Bankruptcy. Petitions by Thomas Moore and others.for permission to file and prove claims against the bankrupt estate of R. H, Edelen, opposed by Ben F. Simms, 'trustee, etc. From judgment the claims were not provable (248 Fed. 580), petitioners appeal.
1Opinion of the Court
McCAFF, District Judge.
This is an appeal from a judgment of the District Court. The question for decision is whether the petitioners should have been permitted to file and prove their claims against the bankrupt estate of R. H. Edelen. The court below adjudged that the claims were not provable, since they were not filed with the trustee within the time prescribed by section 57n, Bankruptcy Act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 560 [Comp. St. § 9641]).
The material facts are undisputed, and are in substance as follows: The claimants and the bankrupt on March 7, 1912, by a written…
2Cases cited2 opinions
- Page v. RogersSupreme Court of the United States · 1909
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
3Cited by4 opinions
- In the Matter of Robert Dale Johnson, Bankrupt. Bruce Goldstein, Successor to S. David Rubenstein, Receiver in Bankruptcy v. McLean BankCourt of Appeals for the Fourth Circuit · 1977
- In re Southern Pharmaceutical Co.District Court, E.D. Tennessee · 1921
- Matter of BrownUnited States Bankruptcy Court, N.D. Illinois · 1981
- In re Hanson & Tyler Auto Co.District Court, N.D. Iowa · 1922