Legal Opinion

In re Harnden

District Court, D. New Mexico

Decided October 18, 1912No. 6PublishedCited by 2 opinions

In the matter of Eber Harnden, bankrupt. On review of referee’s order rejecting claims of the Cox-Blodgett Dry Goods Company and the Franlclin-McVeigh Company.

1Opinion of the Court

POPE, District Judge.

The certificate of the referee as. to the question involved is as follows:

“Where it is shown that a creditor, at the time that he commenced his action, had reason to believe that his debtor was insolvent and was on the verge of bankruptcy, but, notwithstanding that fact, brings an action and runs up a large bill of costs and expenses immediately prior to the tiling of a petition in bankruptcy by his debtor, and, when it appears that the said action and proceedings were unreasonably costly and expensive, and were of no value to other creditors of the bankrupt, and did not…

2Cases cited4 opinions

  1. Crim v. WoodfordCourt of Appeals for the Fourth Circuit · 1905
  2. In re AllenDistrict Court, N.D. California · 1899
  3. In re Beaver Coal. Co.District Court, D. Oregon · 1901
  4. In re W. J. Schmidt & Co.Court of Appeals for the Second Circuit · 1908

3Cited by2 opinions

  1. Folkes v. Proceeds, Remnants & Surplus of General Geo. W. GoethalsDistrict Court, E.D. New York · 1928
  2. Irving Sulmeyer, Etc. v. Miller Engineering Co.Court of Appeals for the Ninth Circuit · 1962

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