In re Adams
United States District Court
In this case Register Fitch certifies as follows : This cause is now pending before me at chambers of this court. The petitioner has been duly adjudicated a bankrupt; several creditors have duly proved their claims, and have a standing in court; several of these creditors have, in due from, upon proper affidavit shown good cause for granting the order provided for by section 26 of the bankrupt law, compelling the attendance of the bankrupt at the chambers of this court…
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In this case Register Fitch certifies as follows : This cause is now pending before me at chambers of this court. The petitioner has been duly adjudicated a bankrupt; several creditors have duly proved their claims, and have a standing in court; several of these creditors have, in due from, upon proper affidavit shown good cause for granting the order provided for by section 26 of the bankrupt law, compelling the attendance of the bankrupt at the chambers of this court before me, and also for the usual subpoena requiring the bankrupt to appear at the same time and place as a witness in these…
1Opinion of the CourtBlatchford, J.
Every creditor has a right, under section, 26, to examine the bankrupt on oath as to the .matters specified in that section. Such examination enures to the benefit of all the creditors. But the fact that one creditor, has. examined the bankrupt, is no reason for withholding the privilege, from another creditor. Yet the register must, in the exercise of a sound discretion, so regulate the time and manner and course of the examinations as to protect the bankrupt, from annoyance and oppressson and mere delay, while .at the 'same time full and fair opportunity is allowed to the credit-, ors to…
2Cited by2 opinions
- In re HerrmanDistrict Court, S.D. New York · 1900
- In re HerrmanDistrict Court, S.D. New York · 1900