In re Carey
Court of Appeals for the Second Circuit
Petition to Revise Order of the 'District Court of the United States for the Eastern District of New York. In the matter of Charlotte A. Carey, alleged .bankrupt. Petition by Elizabeth J. Grauten to revise an order striking out, on the ground that she was a preferred and secured creditor, the answer of the petitioner opposing the adjudication. Petition to revise an order in bankruptcy entered in the District Court for the Eastern District of New York.
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Petition to Revise Order of the 'District Court of the United States for the Eastern District of New York. In the matter of Charlotte A. Carey, alleged .bankrupt. Petition by Elizabeth J. Grauten to revise an order striking out, on the ground that she was a preferred and secured creditor, the answer of the petitioner opposing the adjudication. Petition to revise an order in bankruptcy entered in the District Court for the Eastern District of New York. The District Judge granted an order on the 15th of June, 1918, striking out the answer of the petitioner, a creditor, for the reason that she…
1Opinion of the Court
MANTON, Circuit Judge.
The petitioner recovered a judgment in the New York Supreme Court for $3,680.21 and issued execution to the sheriff, to whom a fund sufficient to satisfy the judgment came on the 19th of March, 1918. An involuntary petition in bankruptcy was filed by creditors. An order staying the sheriff of Kings county from paying over the moneys so held was granted. Before adjudication, the petitioner herein filed her answer to the petition in bankruptcy, denying that the petitioning creditors were bona fide and actual creditors of the alleged bankrupt, denying insolvency, and that…
2Cases cited5 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Spang, Chalfant & Co. v. TaylorCourt of Appeals for the Seventh Circuit · 1902
- Blackstone v. Everybody's Store, Inc.Court of Appeals for the First Circuit · 1913
- In re C. Moench & Sons Co.District Court, W.D. New York · 1903
- Jackson v. Wauchula Mfg. & Timber Co.Court of Appeals for the Fifth Circuit · 1916
3Cited by2 opinions
- In Re Syracuse Stutz Co.Court of Appeals for the Second Circuit · 1932
- Dempster v. MorrisCourt of Appeals for the Second Circuit · 1932