In re Sully
District Court, S.D. New York
In Bankruptcy. These were petitions to review four orders made by the referee, one upon a petition by Edwin Hawley and Frank H. Ray, for leave to file objections to the claims of the Cotton Exchange creditors of the bankrupts; another by McCormick, Berg, and Cahn, three creditors for small amounts, for the same purpose; another by Hawley and Ray, for leave to examine the bankrupts’ books and papers in the possession of the trustee; and another by the three creditors…
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In Bankruptcy. These were petitions to review four orders made by the referee, one upon a petition by Edwin Hawley and Frank H. Ray, for leave to file objections to the claims of the Cotton Exchange creditors of the bankrupts; another by McCormick, Berg, and Cahn, three creditors for small amounts, for the same purpose; another by Hawley and Ray, for leave to examine the bankrupts’ books and papers in the possession of the trustee; and another by the three creditors McCormick, Berg, and Cahn, for the same purpose. Hawley and Ray did not claim to be entitled to share in the bankrupts’ estate,…
1Opinion of the Court
HOLT, District Judge.
I think that the order authorizing Hawley and Ray to file objections to the claims proved by the Cotton Exchange creditors, and to litigate the question of their validity, was erroneous for the following reasons:
First. The trustee alone is authorized to institute proceedings for the re-examination and expunging of claims. Re Lewensohn, 121 Fed. 538, 57 C. C. A. 600.
Second. Hawley and Ray are not parties in interest, within the meaning of thát term as used in the bankrupt act. Re Columbia Real Estate Co., 4 Am. Bankr. R. 411-417, 112 Fed. 643, 50 C. C. A. 406; Dressel v.…
2Cases cited9 opinions
- West Co. v. LeaSupreme Court of the United States · 1899
- In re LewensohnCourt of Appeals for the Second Circuit · 1903
- Lewis v. . CookNew York Court of Appeals · 1896
- Dressel v. North State Lumber Co.District Court, E.D. North Carolina · 1902
- Lowenstein v. Henry McShane Mfg. Co.District Court, D. Maryland · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hardenbrook v. LandquistCourt of Appeals for the Seventh Circuit · 1934
- In re Mexico Hardware Co.District Court, D. New Mexico · 1912
- Rosenbaum v. DuttonDistrict Court, W.D. Missouri · 1912