Legal Opinion

In re Cliffe

District Court, E.D. Pennsylvania

Decided October 27, 1899No. 45PublishedCited by 8 opinions

In Bankruptcy. On review of decision of referee in bankruptcy. In proceedings in tbe bankruptcy of Walter R. Cliffe, at a meeting held before tbe referee, one Frederick W. Tunnell was suminoned as a witness by the ii-ustee and the petitioning creditors, and, being sworn, was examined.

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In Bankruptcy. On review of decision of referee in bankruptcy. In proceedings in tbe bankruptcy of Walter R. Cliffe, at a meeting held before tbe referee, one Frederick W. Tunnell was suminoned as a witness by the ii-ustee and the petitioning creditors, and, being sworn, was examined. In the course of the examination, the following interrogatory .was propounded to him: “On January 11, 1899, in what sum was lie [the bankrupt] indebted to you, and what obligations of his did you hold?” Counsel for the witness objected to the question upon the ground that, from evidence of the bankrupt…

1Opinion of the Court

McPHERSON, District Judge.

The referee has certified that Frederick W. Tunnell, who was called as a witness by the trustee and the petitioning creditors, has declined to answer questions concerning the indebtedness of the bankrupt. Judgment was obtained against the bankrupt by the witness in January of this year, about a month before the petition in bankruptcy was filed, and the sum appearing by the judgment to be owing was collected by execution. The question is presented whether the provisions of the act of 1898 concerning the examination of witnesses before a referee differ from similar…

2Cited by8 opinions

  1. Freeman v. SeligsonCourt of Appeals for the D.C. Circuit · 1968
  2. In re Insull Utility Investments, Inc.District Court, S.D. New York · 1934
  3. Radinsky v. PeopleSupreme Court of Colorado · 1919
  4. Ullman v. David Blustein & Bro.Court of Appeals for the Second Circuit · 1922
  5. In re Madero Bros.District Court, S.D. New York · 1919

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