Legal Opinion

In Re Povill

Court of Appeals for the Second Circuit

Decided June 26, 1939No. 373PublishedCited by 29 opinions

1Opinion of the Court

PATTERSON, Circuit Judge.

The chief question is whether the listing of an outlawed claim in the bankrupt’s schedules was an acknowledgment sufficient to revive the claim. The bankrupt filed voluntary petition in bankruptcy in December, 1937, listing People’s National Bank as a creditor for $5,445. In due course the bank filed proof of claim for that amount, based on two demand notes made in 1928. Unless the transactions referred to below are to be deemed payments made by the bankrupt, the last payments on account of the notes occurred more than six years before bankruptcy. JNo other claims…

2Cases cited27 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. Shapley v. . AbbottNew York Court of Appeals · 1870
  3. Manchester v. . BraednerNew York Court of Appeals · 1887
  4. Bloodgood v. . BruenNew York Court of Appeals · 1853
  5. Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910

22 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
  2. Kapp v. Naturelle, Inc.Court of Appeals for the Eighth Circuit · 1979
  3. Federal Deposit Insurance Corporation, Etc. v. Osvaldo CardonaCourt of Appeals for the First Circuit · 1983
  4. United States v. Blusal Meats, Inc.Court of Appeals for the Second Circuit · 1987
  5. Chaille Dubois v. Atlas Acquisitions LLCCourt of Appeals for the Fourth Circuit · 2016

24 more not listed; retrieve them via the Exa API.

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