Legal Opinion

In re Soltmann

Court of Appeals for the Second Circuit

Decided January 16, 1918No. 127PublishedCited by 5 opinions

Appeal from the District Court of the United States for the District of New York. In the matter of the bankruptcy of Edward G. Soltmann. From an order expunging his proof of debt, R. Bleecker Rathbone appeals.

1Opinion of the Court

WARD, Circuit Judge.

This is an appeal from an order expunging R. Bleecker Rathbone’s proof of debt against the estate of Edward G. Soltmann, a bankrupt. Rathbone was the owner of a fourth mortgage for $15,000 on premises belonging to the bankrupt, subject to prior mortgages aggregating about $147,000.

After the adjudication Rathbone began an action in the state court to foreclose the mortgage, which was then overdue, filed the usual lis pendens, and obtained permission from the District Court to maintain the action and to make the receiver in bankruptcy a party defendant. Some two months or…

2Cases cited5 opinions

  1. Miner v. . BeekmanNew York Court of Appeals · 1872
  2. Robinson v. . RyanNew York Court of Appeals · 1862
  3. Landon v. . TownshendNew York Court of Appeals · 1889
  4. Townshend v. . ThomsonNew York Court of Appeals · 1893
  5. Winslow v. . ClarkNew York Court of Appeals · 1872

3Cited by5 opinions

  1. In re Kenwood Storage & Warehouse Corp.District Court, E.D. New York · 1930
  2. In re Ganet Realty Corp.District Court, S.D. New York · 1935
  3. In re Benevolent & Protective Order of Elks Brooklyn Lodge No. 22District Court, E.D. New York · 1935
  4. In re Englander Spring Bed Co.District Court, E.D. New York · 1936
  5. Merit Loan Service, Inc. v. GrossmanCourt of Appeals of Maryland · 1934

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