Neustadter v. Chicago Dry-Goods Co.
District Court, D. Washington
In Bankruptcy. The referee, after hearing the evidence, made findings adverse to the petitioning creditors; and, without opposition on their part, an order dismissing the proceedings was, signed by the judge at chambers, no notice of the proposed dismissal having been given to other creditors.
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In Bankruptcy. The referee, after hearing the evidence, made findings adverse to the petitioning creditors; and, without opposition on their part, an order dismissing the proceedings was, signed by the judge at chambers, no notice of the proposed dismissal having been given to other creditors. Thereupon creditors who had not previously appeared filed a petition reiterating the charges against the defendant contained in the original petition, and also alleging that the evidence submitted to the referee as to the amounts of the defendant’s assets and liabilities was untrue, and that the…
1Opinion of the Court
HANFORD, District Judge.
The defendant’s answer to the original petition admitted the giving of a mortgage as security to one of its creditors, hut denied insolvency, and this issue has been tried and fully adjudicated as between all parties who were before the court at the time. As to them the judgment is final and conclusive, unless it be reversed for error or impeached for fraud; but strangers to the record are not estopped, and they cannot be hindered by it from relitigating the same questions in any lawful proceeding. The fifty-eighth section of the bankruptcy law provides that “creditors…
2Cited by8 opinions
- In re GilletteDistrict Court, W.D. New York · 1900
- Angus G. Wynne, Jr., Bankrupt v. William J. Rochelle, Jr., Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1967
- Silvey & Co. v. TiftSupreme Court of Georgia · 1905
- Lackawanna Leather Co. v. La Porte Carriage Co.Court of Appeals for the Seventh Circuit · 1914
- Mutual Building & Loan Ass'n v. KingCourt of Appeals for the Ninth Circuit · 1936
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