Massachusetts Bonding & Ins. Co. v. Kemper
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. In the matter of the L. P. Hazen Company, bankrupt, in which Prank H. Kemper is trustee. From an order disallowing claims of the Massachusetts Bonding & Insurance Company, it-appeals.
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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. In the matter of the L. P. Hazen Company, bankrupt, in which Prank H. Kemper is trustee. From an order disallowing claims of the Massachusetts Bonding & Insurance Company, it-appeals. Appeal from so much of the order as disallows a general claim dismissed; and the order, so far as it disallows a claim of lien, The bankrupt corporation, the Hazen Company, in July, 1910, agreed to erect a building in Cincinnati, and the Bonding Company became surety for the…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1, 2] 1. A motion is made to dismiss the appeal, because it was not taken within 10 days, as required by section 25a. So far as the appeal seeks a reversal of the order disallowing the general claim, this motion must be granted, upon the authority of the cases cited by us in Re Martin, 201 Fed. 31, 34, 119 C. C. A. 363; but this does not dispose of the whole appeal. The denial of the lien and the disallowance of the general claim are so distinct that there could have been an independent appeal from either part of the order; and the appeal from so much of,…
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- Industrial Finance Corp. v. CapplemannCourt of Appeals for the Fourth Circuit · 1922
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