In re Adler
United States Circuit Court
In bankruptcy. Petition of review under soo. 2, bankrupt act.2 [Dismissed.] Lehman Durr & Co. and other creditors of the bankrupt estate of Isaac Adler &■ Brothers, on the 17th of August, 1S74, filed their petition in the district court, praying for the removal of P. H. Pitts and C. C. Carr, assignees of the bankrupt estate.
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In bankruptcy. Petition of review under soo. 2, bankrupt act.2 [Dismissed.] Lehman Durr & Co. and other creditors of the bankrupt estate of Isaac Adler &■ Brothers, on the 17th of August, 1S74, filed their petition in the district court, praying for the removal of P. H. Pitts and C. C. Carr, assignees of the bankrupt estate. The grounds upon which the removal was asked wore that the assignees were squandering, mismanaging and illegally disposing of the assets of the bankrupts. The assignees answered, denying generally and specifically the averments of the petition, and the matter was referred…
1Opinion of the Court
WOODS, Circuit Judge.
It is insisted by counsel for defendants that this court has no jurisdiction of the question presented, and this point necessarily first demands- attention. Section 14 of the bankrupt act (Rev. St. § 5039) provides “that the court, after due notice and hearing, may remove an assignee for any cause which, in the judgment of the court, renders such removal necessary or expedient.” It further provides that “at a meeting called by order of the court in its discretion for the purpose, or which shall be called upon the application of a majority of the creditors in number and…
2Cited by1 opinion
- In re BeckUnited States Circuit Court · 1887