In re Grossman
Opinion of the Court
I see no reason to- disagree with the ruling of Brown, J., in the case relied upon by the referee, In re Sugenheimer (D. C., N. Y.) 1 Am. Bankr. Rep. 425, 91 Fed. 744; and Mr. Joffe has furnished a long and accurate list of decisions to the same effect in other states. I am content to- follow, not only Judge Brown’s ruling, but that of our state courts in Armstrong v. Combs, 15 App. Div. 246, 44 N. Y. Supp. 171. Apart from, any technical reasons, it is obviously dangerous practice to permit a person authorized to take affidavits and acknowledgments to do so “before himself.” Affidavit making is easy enough under any circumstances, but to permit a notary public or commissioner of deeds to solemnly attest to his own veracity or identity is going a great deal too far.
The only persons who could appeal by petition for review were those whose votes had been cast out. I think the commissioner of deeds could have appealed, but that would only have been by reason of his representation of the creditors, who- were the real parties in interest.
The petition is dismissed, and the decision affirmed.
Reference
- Full Case Name
- In re GROSSMAN
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Acknowledgment 20—Bankruptcy—Power of Attorney to Represent Creditor. A power of attorney to represent creditors in the election of a trustee cannot legally be acknowledged before the attorney to whom the power runs as a commissioner of deeds. [Ed. Note.—For other cases, see Acknowledgment, Cent. Dig. §§ 104-111; Dec. Dig. 20.] 2. Bankruptcy 125—Review of Action of Referee—Who may Maintain Proceedings. A defeated candidate for trustee has no standing or interest which entitles him to maintain a proceeding to review the action of the referee in excluding votes, which can only be done by a creditor whose vote was excluded or by his representative. [Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 170, 180, 181, 183, 184; Dec. Dig. 125.] For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes