McLean v. Australia
Court of Appeals for the Ninth Circuit
Appeal from and Petition to Revise an Order of the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. In the Matter of the Patterson-MacDonald Shipbuilding Company, bankrupt. Appeal from and petition to revise an order relating to the claim of the Commonwealth of Australia and Mark Sheldon, Commissioner for the Commonwealth of Australia; J. U. McLean, trustee, appellant and petitioner.
1Opinion of the Court
RUDKIN, Circuit Judge.
The question presented by the record before us is this: If a foreign government presents a claim, to a trustee in bankruptcy arising out of contract and prays for its liquidation, and upon such liquidation it is found that the claimant is indebted to the bankrupt, may the court of bankruptcy render judgment against the foreign government for the ascertained balance ? The court below answered this question in the negative, basing its decision upon the ground that the proceeding before the special master to liquidate the claim was not a plenary suit, and that the…
2Cases cited4 opinions
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Kingdom of Norway v. Federal Sugar Refining Co.District Court, S.D. New York · 1923
- Kingdom of Roumania v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1918
- French Republic v. Inland Nav. Co.District Court, E.D. Missouri · 1920
3Cited by20 opinions
- United States v. ShawSupreme Court of the United States · 1940
- National City Bank of NY v. Republic of ChinaSupreme Court of the United States · 1955
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- Columbia Foundry Co. v. LochnerCourt of Appeals for the Fourth Circuit · 1950
- Scottsville Nat. Bank v. GilmerCourt of Appeals for the Fourth Circuit · 1930
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