Legal Opinion

In re Vetterlein

District Court, S.D. New York

Decided June 25, 1875PublishedCited by 4 opinions

[Appeal from the district court of the United States for the Southern district of New York.] This was an appeal by an assignee in bankruptcy from the allowance by the district court of a claim in favor of the United States. [Goods had become forfeited for violation of the revenue laws, and the statute gave the United States an action to recover their value.

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[Appeal from the district court of the United States for the Southern district of New York.] This was an appeal by an assignee in bankruptcy from the allowance by the district court of a claim in favor of the United States. [Goods had become forfeited for violation of the revenue laws, and the statute gave the United States an action to recover their value. This right had been put in force by the commencement of an action to recover such value before the proceedings in bankruptcy were commenced. The statute says that “all debts due and payable from the bankrupt at the time of the adjudication…

1Opinion of the Court

HUNT, Circuit Justice.

1.' I see no reason to doubt that the debt of the United States was provable under section 19 of the bankrupt act (14 Stat. 525). The goods had. become forfeited for violation of the customs revenue laws, and the statute gave the United States an action to recover their value. This right had been put in force by the commencement of an action to recover such value, before the proceedings in bankruptcy were commenced. The statute says, that “all debts due and payable from the bankrupt, at the time of the adjudication of bankruptcy, * * * may be proved against the estate of…

2Cases cited5 opinions

  1. In re JayneDistrict Court, S.D. New York · 1886
  2. In re VetterleinDistrict Court, S.D. New York · 1890
  3. In re Vetterlein & Co.District Court, S.D. New York · 1884
  4. Vetterlein v. BarkerU.S. Circuit Court for the District of Southern New York · 1891
  5. Vetterlein v. BarnesU.S. Circuit Court for the District of Southern New York · 1880

3Cited by4 opinions

  1. United States v. BajakajianSupreme Court of the United States · 1998
  2. Barnes v. United StatesU.S. Circuit Court for the District of Southern New York · 1872
  3. United States v. BajakajianSupreme Court of the United States · 1998
  4. United States v. ReidU.S. Circuit Court for the District of Southern New York · 1883

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