J. B. Orcutt Co. v. Green
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS FOR THE SECOND CIRCUIT. This case comes here upon return to a writ of. certiorari, issued by this court to the Circuit Court of Appeals of the Second Circuit. It is a proceeding in bankruptcy, and the question involved is one in regard to the sufficiency of the filing of certain proofs of claims against the bankrupts’ estate. The. facts are these: Messrs.
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS FOR THE SECOND CIRCUIT. This case comes here upon return to a writ of. certiorari, issued by this court to the Circuit Court of Appeals of the Second Circuit. It is a proceeding in bankruptcy, and the question involved is one in regard to the sufficiency of the filing of certain proofs of claims against the bankrupts’ estate. The. facts are these: Messrs. Ingalls Brothers were adjudicated bankrupts' in proceedings in the District Court of the United States for the Northern District of New York on the third day of December, 1902. Soon thereafter one…
1Opinion of the CourtJustice Peckham
The question in this case resolves itself into one of the sufficiency of the presentation of proofs of claims of the creditors named in the foregoing statement. They were, in reality, presented and delivered to the trustee in bankruptcy before the expiration of one year after adjudication, but there was no actual fifing of the claims with the referee until after the expiration of that time, when the attempt to file them with the petition was made as above stated.
The question turns upon the construction of some of the subdivisions of the fifty-seventh section of the Bankruptcy Act, together…
2Cited by54 opinions
- In Re: M.J. Waterman & Associates, Inc., Debtor. Duane H. Barlow v. M.J. Waterman & Associates, Inc.Court of Appeals for the Sixth Circuit · 2000
- 10 Collier bankr.cas.2d 1137, Bankr. L. Rep. P 69,875 in the Matter of Evanston Motor Co., Inc., Debtor. First National Bank of Lincolnwood v. Maurice Levine, Trustee and Attorney for TrusteeCourt of Appeals for the First Circuit · 1984
- In Re Franciscan Vineyards, Inc., Bankrupt. County of Napa v. Franciscan Vineyards, Inc., Appeal of William B. Grover, TrusteeCourt of Appeals for the Ninth Circuit · 1979
- Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
- Orinoco Iron Co. v. MetzelCourt of Appeals for the Sixth Circuit · 1916
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