In re Wiener
District Court, E.D. New York
In Bankruptcy. In the matter of bankruptcy proceedings of David Wiener. On application to withdraw funds of a third person deposited to perform a proposed composition.
1Opinion of the Court
CHATFIELD, District Judge.
The court has previously ruled that a deposit, made for the purpose of carrying out an offer by the bankrupt of a composition with his creditors, is liable for the damages or *174expense to the estate occasioned by the offer of composition, and which would not have been incurred by the estate if the offer had not occasioned substantially a stay of all proceedings.
The attention of the court has been .called to the case of In re Harris (DI C.) 117 Fed. 575, in which the court holds that the payment of costs and the settlement of the debts by an offer of composition is a…
2Cases cited1 opinion
- In re HarrisDistrict Court, W.D. Tennessee · 1902
3Cited by1 opinion
- In re Morris & RiceDistrict Court, D. Massachusetts · 1919