Colman Co. v. Withoft
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. • In the matter of Frank H. Sweeney, bankrupt. From an order rejecting a claim, the Colman Company appeals. On March 31, 1909, Frank H. Sweeney filed his voluntary petition in bankruptcy, and on April 3, 1909, he was adjudged a bankrupt.
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Appeal from the District Court of the United States for the Northern District of California. • In the matter of Frank H. Sweeney, bankrupt. From an order rejecting a claim, the Colman Company appeals. On March 31, 1909, Frank H. Sweeney filed his voluntary petition in bankruptcy, and on April 3, 1909, he was adjudged a bankrupt. He and the Col-man Company, a corporation, were jointly liable on a lease of a building, and at the time of the adjudication in bankruptcy the lease had not expired. On February 18, 1908, the Colman Company and the bankrupt entered into an agreement whereby each…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above).
[1] The date of filing the petition in bankruptcy is intended to mark the line of separation between debts that are provable and those that are not provable against the bankrupt’s estate. Those that are not provable remain subsisting obligations of the bankrupt, and he is not released therefrom by his discharge. The adjudication of bankruptcy does not dissolve contractual relations between the bankrupt and others. It takes from him his property and devotes it to the payment of debts which are provable under sections 63a and 63b of the bankruptcy act, but it…
2Cases cited12 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
- Moch v. Market St. Nat. BankCourt of Appeals for the Third Circuit · 1901
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3Cited by30 opinions
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- Maynard v. ElliottSupreme Court of the United States · 1931
- Ingels v. BotelerCourt of Appeals for the Ninth Circuit · 1938
- Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
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