In re Mackellar

ARCHBARD, District Judge.

On the ground that it required the vote of a majority in number and amount of the creditors present, which vote should also be a like majority of all whose claims had been allowed, the referee held that there had been no election for trustee at the creditors’ meeting called for that purpose. This interpretation of the law is clearly wrong. The bankrupt act provides (section 56a) that “creditors 'shall pass upon matters submitted to them at their meetings by a majority vote in number and amount of claims of all creditors whose claims have been allowed and are present.”…