In re Troy Woolen Co.
U.S. Circuit Court for the District of Northern New York
In this case, the firm of Cooper, Vail & Co. proved against the estate of the bankrupts, in the district court, a claim amounting to $67,252.22, for a balance due on account of advances made by them to the bankrupts, on consignment of manufactured goods. This claim was contested by the as-signee and by an objecting creditor. On a reference to ascertain its validity, the referee reported in favor of it.
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In this case, the firm of Cooper, Vail & Co. proved against the estate of the bankrupts, in the district court, a claim amounting to $67,252.22, for a balance due on account of advances made by them to the bankrupts, on consignment of manufactured goods. This claim was contested by the as-signee and by an objecting creditor. On a reference to ascertain its validity, the referee reported in favor of it. The assignee and the objecting creditor filed joint exceptions to the report, and the district court overruled the exceptions, and confirmed the report. The objecting creditor then petitioned…
1Opinion of the Court
THE COURT
(WOODRUFF, Circuit Judge)
held, that the petition must be dismissed; that the 2d section of the act confers jurisdiction on the circuit court to review, in the manner prescribed in - such section, the decisions of the district court, only in cases where special provision is not otherwise made by the act for the review of such decisions; that the 8th section of the act makes provision for a review of the decision of the district court allowing the claim of a creditor, by allowing an appeal to the circuit court, by the assignee, from such decision; and that, although the 22d section…
2Cited by2 opinions
- Chatfield v. O'DwyerCourt of Appeals for the Eighth Circuit · 1900
- McDaniel v. StroudCourt of Appeals for the Fourth Circuit · 1901