In re Ervin
District Court, E.D. Pennsylvania
Upon Exceptions to Report of Referee Disallowing Claims. Ervin, rage & Co., Incorporated, a corporation of New Jersey, for the sale, etc., of teas and coffees, doing business in Pennsylvania, filed claims for $10,773.33 and $7,5(55.78 as a general creditor of the bankrupt firm of R. T. Ervin & Co., composed of R. T. Ervin and Benjamin S. Pagan, doing business in Philadelphia and elsewhere in the sale of teas and coffees and the operation of restaurants.
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Upon Exceptions to Report of Referee Disallowing Claims. Ervin, rage & Co., Incorporated, a corporation of New Jersey, for the sale, etc., of teas and coffees, doing business in Pennsylvania, filed claims for $10,773.33 and $7,5(55.78 as a general creditor of the bankrupt firm of R. T. Ervin & Co., composed of R. T. Ervin and Benjamin S. Pagan, doing business in Philadelphia and elsewhere in the sale of teas and coffees and the operation of restaurants. The referee, Edward P. Hoffman, Esq., disallowed both claims, in a report as follows: “The referee certifies to the court the following…
1Opinion of the Court
J. B. McPHERSON, District Judge.
I think the referee was clearly right in refusing to permit the claimant to share in the fund for distribution until the general creditors are paid. The claimant, although a corporation, was a partner de facto of the bankrupt Arm, and the transactions now in controversy were executed transactions. This being true, I see no reason why the court should now help the corporation to undo what may be assumed to have been unlawful acts, or why the corporation should be regarded as if it bad not really done what it now says was wrong. It signed a partnership agreement;…
2Cited by5 opinions
- In re TelferCourt of Appeals for the Sixth Circuit · 1910
- Peckett v. WoodCourt of Appeals for the Third Circuit · 1916
- In re RiceDistrict Court, E.D. Pennsylvania · 1908
- Lutz v. MillerWest Virginia Supreme Court · 1926
- In re R. T. Ervin & Co.District Court, E.D. Pennsylvania · 1902