In re Mertens
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Northern District of New York. Appeal by the Variok Bank of New York from an order of the District Court, made as a court of bankruptcy, disallowing two claims which the bank sought to prove; one against the partnership estate of the bankrupts, and the other against the individual estate oí Jacob M. Mertcns, one of the partners.
1Opinion of the Court
W \EEACE, Circuit judge.
The decision of the court below proceeded upon the ground that the bank was a secured creditor, for the value of two policies of life insurance upon the life of Jacob M. Mer-tens, and had sold the securities after the filing of the petition in bankruptcy, although prior to the adjudication, in disregard 'of the provisions of section 37, subd. h. of the Bankrupt Act (Act July 1, 1898, c. 541, 30 Stat. 560 [U. S. Comp. St. 1901, p. 34-13]) ; and the order appealed from affirmed orders and rulings of the referee in bankruptcy refusing to allow the claims, and directing…
2Cases cited8 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Jerome v. McCarterSupreme Court of the United States · 1877
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Baker v. . DrakeNew York Court of Appeals · 1876
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3Cited by35 opinions
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- In re Dayton Coal & Iron Co.District Court, E.D. Tennessee · 1922
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