In re Koenig & Van Hoogenhuyze
District Court, W.D. Texas
In Bankruptcy. This case comes up to the court upon a petition for review filed by the First National Bank of Cuero, Tex. On January 5, 1900, the bank presented to the referee in bankruptcy its claim of $6,241.05 against the estate of the bankrupts, and the same was duly allowed.
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In Bankruptcy. This case comes up to the court upon a petition for review filed by the First National Bank of Cuero, Tex. On January 5, 1900, the bank presented to the referee in bankruptcy its claim of $6,241.05 against the estate of the bankrupts, and the same was duly allowed. But upon reconsideration, at the instance of creditors and the bankrupts, and upon his own motion, the referee set aside the allowance, and passed an order declining to allow the bank’s claim unless it surrendered to the trustee in bankruptcy the sum of $1,979.36, held by the referee to be a preference. The bank…
1Opinion of the CourtMaxey, District Judge
(after stating the facts). The creditors object to the proceeding on the part of the bank because it was not prosecuted with due diligence. While it is probable that, if the merits of the present controversy were considered, the case would be governed by Bank v. Massey, 11 Am. Bankr. Rep. 42, 24 Sup. Ct. 199, 48 L. Ed.-, rather than by Pirie v. Chicago Title & Trust Company, 182 U. S. 438, 21 Sup. Ct. 906, 45 L. Ed. 1171, the court feels constrained to decline to enter upon an examination of the merits, because of the length of time which has elapsed — about two years and nine months — ■…
2Cases cited8 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- In re LewensohnCourt of Appeals for the Second Circuit · 1903
- Simonson v. SinsheimerCourt of Appeals for the Sixth Circuit · 1899
- In re SimonsonDistrict Court, D. Kentucky · 1899
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3Cited by4 opinions
- In re Klein's Outlet, Inc.District Court, S.D. New York · 1943
- In re C. Jutte & Co.Court of Appeals for the Third Circuit · 1919
- In re Verdon Cigar Co.District Court, W.D. Michigan · 1911
- First Nat. Bank of Cuero v. PeavyCourt of Appeals for the Fifth Circuit · 1905