Burton Coal Co. v. Franklin Coal Co.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
VAN VALKENBURGH, Circuit Judge.
The Franklin Coal Company was adjudicated a bankrupt on its voluntary petition May 15, 1928. The six-month period for filing claims (Bankruptcy Act, § 57n, as amended by Act May 27, 1926, 11 USCA § 93 (n), expired November 15, 1928. The bankrupt scheduled appellant as one of its creditors in the sum of $5,435.88. Appellant did not file proof of claim within the aforesaid statutory period. May 14, 1931, the president of the bankrupt company died, and it was then discovered that he left an insurance policy in which the bankrupt was named as beneficiary. July 22,…
2Cases cited26 opinions
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- Murphy v. John Hofman Co.Supreme Court of the United States · 1909
- Johnson v. NorrisCourt of Appeals for the Fifth Circuit · 1911
- In re RochfordCourt of Appeals for the Eighth Circuit · 1903
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
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3Cited by30 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Bird & Sons Sales Corporation v. TobinCourt of Appeals for the Eighth Circuit · 1935
- Hammer v. TuffyCourt of Appeals for the Second Circuit · 1944
- United States v. KillorenCourt of Appeals for the Eighth Circuit · 1941
- Smith v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Eighth Circuit · 1936
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