Shall v. Newberry
District Court, N.D. New York
In Bankruptcy. In the matter of the bankruptcy of the Astoroga Paper Company. Proceeding by Prank H. Shall, as trustee under a trust mortgage, against Samuel PI. Newberry, as trustee in bankruptcy, to review order of referee disallowing the claim of petitioner.
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In Bankruptcy. In the matter of the bankruptcy of the Astoroga Paper Company. Proceeding by Prank H. Shall, as trustee under a trust mortgage, against Samuel PI. Newberry, as trustee in bankruptcy, to review order of referee disallowing the claim of petitioner. This is the review of a.n order of the referee in bankruptcy disallowing tbe claim of Frank A. Shall as trustee under a mortgage executed by the As-toroga Paper Company, now bankrupt, and which claim is based on a judgment for deficiency awarded by a judgment and decree of the Supreme Court of tho state of New York for $50,001.91 on…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). On the 15th day of January, 1913, an involuntary petition in bankruptcy was filed against the Astoroga Paper Company, and April 19, 1913, it was duly adjudicated a bankrupt accordingly: Prior to such bankruptcy and about July 31, 1911, the said Astoroga Paper Company executed and delivered to said Prank H. Shall, as trustee, a trust mortgage to secure the payment of an issue of 50 bonds for $1,000 each, and which were issued and delivered to George W. Sanborn, William P. Lansing, and W. P. Rathbun in consideration of and to secure them for their…
2Cases cited11 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- McLemore v. PowellSupreme Court of the United States · 1827
- In re Dr. Voorhees Awning Hood Co.District Court, M.D. Pennsylvania · 1911
- Insley v. GarsideCourt of Appeals for the Ninth Circuit · 1903
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3Cited by3 opinions
- In re Hanson & Tyler Auto Co.District Court, N.D. Iowa · 1922
- Athens Stove Works v. FlemingDistrict Court, W.D. Virginia · 1933
- In re the Judicial Settlement of the Account of Proceedings of TaubinNew York Surrogate's Court · 1926