In re H. V. Keep Shirt Co.
District Court, S.D. New York
In the matter of the H. V. Keep Shirt Company, bankrupt. On review of order of referee disallowing in part the claim of Edward McConnell & Co.
1Opinion of the Court
HAND, District Judge.
This seems to be a case of first impression. A. sells to the bankrupt a bill of goods, payment of which B. guarantees. Later, when A. presses B. for security, B. gives him a note of the bankrupt arising upon a separate transaction. Then follows the bankruptcy, and A. seeks to prove upon both claims. The referee has allowed proof upon the note in full, and upon the bill of goods less the dividend declared on the note.. A. insists upon dividends in full on both, and the difference is the amount of the dividend upon so much of the bill of goods as was paid by the dividend of…
2Cases cited2 opinions
- In re MertensCourt of Appeals for the Second Circuit · 1906
- Smith v. National Suffolk BankCourt of Appeals for the First Circuit · 1903
3Cited by4 opinions
- Ivanhoe Building & Loan Assn. v. OrrSupreme Court of the United States · 1935
- P. Ballantine & Sons v. FennSupreme Court of Vermont · 1914
- Peter A. Frasse & Co. v. Hartford Automotive Parts Co.District Court, D. Connecticut · 1924
- Ivanhoe Building & Loan Ass'n v. OrrCourt of Appeals for the Third Circuit · 1934