Legal Opinion

In re Biehl

District Court, E.D. Pennsylvania

Decided December 11, 1916No. 5594Published

In Bankruptcy. In the matter of B. Frank Biehl, bankrupt. On petition for review of order of referee.

1Opinion of the Court

DICKINSON, District Judge.

[1] The legal principle upon which the referee based his ruling is embraced in this proposition: Where a creditor has a claim of debt against a firm, evidenced by an absolute obligation in writing for its payment, and also an optional claim in tort for misappropriation of money or property (the damages in which are measured by the same debt), and also has a claim against an individual upon a separate and independent contract of bailment (damages flowing from the breach of which are measured by the same debt), he may prove his claim of debt against the bankrupt estate…

2Cases cited6 opinions

  1. Reynolds v. New York Trust Co.Court of Appeals for the First Circuit · 1911
  2. Chapman v. BowenSupreme Court of the United States · 1907
  3. Bowen v. ChapmanCourt of Appeals for the Seventh Circuit · 1906
  4. In re CoeCourt of Appeals for the Second Circuit · 1910
  5. In re RubelDistrict Court, E.D. Wisconsin · 1908

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