In re Mertens
District Court, N.D. New York
This is the review of orders of C. L. Stone, fflsq., referee in bankruptcy, refusing to allow two certain amended claims presented by the Varick Bank, of the city of New York — one for $27,564.47, against the firm or copartnership of J. M. Mertens & Co.; and the other for $9,118.37 against J. M. Mertens, a member of said copartnership, individually.
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This is the review of orders of C. L. Stone, fflsq., referee in bankruptcy, refusing to allow two certain amended claims presented by the Varick Bank, of the city of New York — one for $27,564.47, against the firm or copartnership of J. M. Mertens & Co.; and the other for $9,118.37 against J. M. Mertens, a member of said copartnership, individually. The claim of said bank against the firm is founded in the main on the notes of said company indorsed by said J. M. Mertens, and notes given to said firm by different parties and indorsed by the firm and said J. M. Mertens (second indorser), all…
1Opinion of the CourtRay, District Judge
(after stating the facts). It is insisted by the Varick Bank that the policies of insurance were the property of J. M. Mertens individually, the copartnership having no interest therein, and that hence the claim against J. M. Mertens & Co. was not a secured claim. The trouble with this contention is the amended claim does not so show or state, and in one note at least the policies are pledged in writing by the firm as well as by J. M. Mertens as owner. As such policies were assignable, this court will not assume they were owned solely by J. M. Mertens individually. By subdivision 23, § 1 of…
2Cases cited2 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bank v. ShermanSupreme Court of the United States · 1880
3Cited by2 opinions
- Van Kirk v. Vermont SlateDistrict Court, N.D. New York · 1905
- In re GravesDistrict Court, D. Vermont · 1908