United States Circuit Courts of Appeals Reports Volume 87

United States Circuit Courts of Appeals Reports Volume 87

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...caused to be entered an order that the judgment entered by the referee be vacated, and the cause remanded to the referee for further proceedings in accordance with law. Held, that the judgment referred to in the order was the erroneous personal judgment of the referee, and that on recommitment the referee properly refused to open the case for further hearing and permit the creditor to amend its answer and introduce new evidence. T. SAME--AMENDMEN'l'S---NEW 1;IA'I'.l'EB--DISOBE'1'ION. A proposed amended answer to a proceeding before a referee in bankruptcy to recover money from a creditor not having been exhibited to the referee in connection with an application to amend, and no other information being given him as to any new defense, and no showing of newly discovered evidence having been made, the application to amend was properly denied. Appeal from the District Court of the United States for the District of Nebraska. On December 15, 1902, Knapp & Spencer Company, the appellant, joined two other creditors of Harry Fulien in a petition filed in the court below to adjudicate him a bankrupt. Shortly thereafter the petitioning creditors secured the appointment of a receiver to take charge of the property of the bankrupt pending the proceedings for adjudication and appointment of a trustee. He took into his possession as such receiver, among other items, about $4,000 in money belonging to the-bankrupt. Subsequently in bringing about a settlement with the bankrupt the appellant and others availed themselves of the fact that the receiver had given no bond as required by law, and secured an order for his discharge and for the return of the money in his hands to the bankrupt. The settlement was then consummated, by which it is...
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Product details

  • Paperback
  • 189 x 246 x 24mm | 816g
  • United States
  • English
  • black & white illustrations
  • 1236750225
  • 9781236750228