IN RE SMITH

No. 20959.

11 F.Supp. 463 (1935)

In re SMITH.

District Court, W. D. New York.

July 5, 1935.


Attorney(s) appearing for the Case

Edward L. Cleary, of Rochester, N. Y., for creditor American Agricultural Chemical Co.

Heiby W. Ungerer, of Rochester, N. Y., for bankrupt.


RIPPEY, District Judge.

The referee was satisfied on evidence before him that the American Agricultural Chemical Company had a claim against the bankrupt estate, and so states in the return. Under those circumstances, the creditor was entitled to examine the bankrupt even if its claim was not filed. In re Samuelsohn et al. (D. C.) 174 F. 911; Beaven v. Stuart (C. C. A.) 250 F. 972; In re Horgan et al. (C. C. A.) 98 F. 414.

The referee states in his certificate...

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