In re Buzzini & Co.
District Court, S.D. New York
In the matter of bankruptcy proceedings of Buzzini & Co., Incorporated. On petition of L,. Barth & Son for the allowance of a claim. Referee’s ordler refusing to allow the claim reversed, and claim allowed.
1Opinion of the Court
HAND, District Judge.
Two points only are made against the claim: First, that there was no notice of protest; second, that the notes fell due more than a year after adjudication. As to the first point, the plaintiff proves sufficiently waiver of presentation and notice of protest. To this the trustee replies that it was Buzzini who made the waiver, and that he was maker; that as maker he had a conflicting interest with his corporation, and so could not act as its agent. But a maker has no conflicting interest when he fastens liability on the indorser, because the indorser’s liability does not…
2Cases cited5 opinions
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Moch v. Market St. Nat. BankCourt of Appeals for the Third Circuit · 1901
- In re Philip Semmer Glass Co.Court of Appeals for the Second Circuit · 1905
- In re SmithDistrict Court, D. Rhode Island · 1906
- Pearce v. . WilkinsNew York Court of Appeals · 1849
3Cited by4 opinions
- Maynard v. ElliottSupreme Court of the United States · 1931
- 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
- Winkle v. ScottCourt of Appeals for the Eighth Circuit · 1938
- Corley v. FrenchTennessee Supreme Court · 1927