Kimball & Co. v. Johnson
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, Judge. In the matter of bankruptcy proceedings of the Hamilton Automobile Company. From an order dismissing an aménded petition of C. P. KimbaJl & Co. to amend and prove its claim against the bankrupt’s estate, to which E. H. Johnson, trustee, objected, the claimant appeals.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, Judge. In the matter of bankruptcy proceedings of the Hamilton Automobile Company. From an order dismissing an aménded petition of C. P. KimbaJl & Co. to amend and prove its claim against the bankrupt’s estate, to which E. H. Johnson, trustee, objected, the claimant appeals. On March 12, 1908, appellant filed its claim before the referee in Ee Hamilton Automobile Company, a bankrupt, for $1,782.58. Thereafter the trustee filed his objections to the allowance…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). Appellee raises the following objections to the relief herein prayed by appellant, viz.:
1. The insufficiency of tKe amended petition;
2. The inclusion by the referee of the claim against Mayer as among those constituting the preference, thereby showing it to be of value and not surrendered as provided by statute.
3. The.bar of the first order disallowing appellant’s claim.
4. The bar of the one-year limitation of section 57n.
[1] Unless weight be given to said objections 2, 3, and 4, no reason is perceived why the petition is insufficient. Under the decisions *598of…
2Cases cited6 opinions
- Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
- Hutchinson v. OtisSupreme Court of the United States · 1903
- Page v. RogersSupreme Court of the United States · 1909
- In re KesslerCourt of Appeals for the Second Circuit · 1910
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- First Nat. Bank v. WestCourt of Appeals for the Third Circuit · 1915
- Orinoco Iron Co. v. MetzelCourt of Appeals for the Sixth Circuit · 1916
- Continental Motors Corporation v. MorrisCourt of Appeals for the Tenth Circuit · 1948
- In Re Tomlinson & Dye, Inc.District Court, N.D. Oklahoma · 1933
- In re Morgen Drug Co.District Court, S.D. New York · 1941
4 more not listed; retrieve them via the Exa API.