In re Ingalls Bros.
U.S. Court of Appeals for the Second Circuit
In re Ingalls Bros., 137 F. 517 (2d Cir. 1905)
70 C.C.A. 101; 1905 U.S. App. LEXIS 4574
In re Ingalls Bros.
Opinion of the Court
The referee rejected the claims, but the District Judge reversed his ruling, evidently in order to conform the practice in the Northern District to that followed in the Southern District. In re Seif (unreported). The opinion of the referee sets forth the facts, and contains a very full discussion of the questions of law involved, and we concur in his interpretation of the statute and in his conclusions. His opinion is not reported, but it may be printed as a supplement to this memorandum.
The order of the District Court is reversed.
Reference
- Full Case Name
- In re INGALLS BROS.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Bankbottcy—Time fob Filing Pboof of Claims—Poweb of Coubt to Extend. Within the meaning of Bankr. Act 1898, c. 541, § 57n, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3444], which provides that claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication, a claim is not proved until it has been died, and neither the court nor a referee has any discretionary power to permit the dling of proofs of «■laim after the expiration of such year, either nunc pro tunc or otherwise, nor is their power in that respect enlarged by the fact that the proofs were delivered to the trustee within said year.