Berwind White Coal Mining Co. v. Borinquen Sugar Co.
District Court, D. Puerto Rico
Statement of Facts. In tbis case tbe court on June 17, 1913, ordered the claims to be filed with the clerk within sixty days, and that, after thirty days more for objections, the claims should stand referred to John M. Dabney, standing master in chancery, to report their validity and priority. On September 25, 1913, a further order was made that claims already filed with the receiver would be considered as filed with the clerk as above.
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Statement of Facts. In tbis case tbe court on June 17, 1913, ordered the claims to be filed with the clerk within sixty days, and that, after thirty days more for objections, the claims should stand referred to John M. Dabney, standing master in chancery, to report their validity and priority. On September 25, 1913, a further order was made that claims already filed with the receiver would be considered as filed with the clerk as above. In October claims were heard before the master, including that of Orenstein-Arthur-Koppel Company for one hundred cane cars sold and delivered to the…
1Opinion of the Court
Hamilton, Judge,
delivered tlie following opinion:
1. This is an application by the petitioners seeking to bring themselves within the principle of the West India Oil Company, reported in 6 Porto Rico Fed. Rep. 567. It is based upon the case of Fosdick v. Schall, 99 U. S. 235, 25 L. ed. 339. Preliminary to any question of the measure of relief is that of the standing of the applicant in court. They regularly filed their claim in this receivership under an order of court calling for claims, and it was allowed as an unsecured claim by master’s report of October 14, 1913. TsTo exception was filed…
2Cases cited3 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Hatch v. Indianapolis & Springfield R.U.S. Circuit Court for the District of Indiana · 1882
- Burke v. DavisCourt of Appeals for the Seventh Circuit · 1897