In re Gilley
District Court, D. Massachusetts
[In bankruptcy. In the matter of J. H. Gilley.] The register certified that the first meeting of creditors was duly notified to be held at his office, at ten o’clock in the forenoon of a certain day. Several creditors appeared and proved their debts, and voted for assignee.
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[In bankruptcy. In the matter of J. H. Gilley.] The register certified that the first meeting of creditors was duly notified to be held at his office, at ten o’clock in the forenoon of a certain day. Several creditors appeared and proved their debts, and voted for assignee. At half-past ten o’clock, all creditors present having voted, and no intimation from any one having been made that other creditors were expected, the register declared one of the two candidates who had been voted for to be elected. Thereupon the creditors left the office, and, in about ten minutes, other creditors arrived…
1Opinion of the Court
LOWELL, District Judge.'
It has been the practice, under the insolvent law of Massachusetts, and under the bankrupt act [of 3SG7 (14 Stat. 017;], so far as I am informed, to consider that a meeting of creditors, warned for ten o'clock, is to be open for at least one hour, and as much longer as the bnsiness before the meeting may require. The register has full power of adjournment for cause; but I do not think he should close the polls under one hour in any event. This is a matter of practice which the supreme court have not found it necessary to regulate, and which need not be uniform in all…
2Cases cited2 opinions
- Hunt v. Wickwire & FootNew York Supreme Court · 1833
- Shufelt v. CramerNew York Supreme Court · 1822