Dressel v. North State Lumber Co.

Citations

• 119 F. 531
• 1902 U.S. Dist. LEXIS 282

Syllabus

<p>1. Bankruptcy—Exceptions before Referee.</p> <p>Exceptions taken before a referee in bankruptcy must be specific, as required by the settled practice of the federal courts.</p> <p>2. Same—Claims—Right to Contest.</p> <p>Only creditors of a bankrupt whose claims are allowed have any standing to contest the claims of others.</p> <p>3. Same—Preferences.</p> <p>A payment received by a creditor of a bankrupt from a third party, and which did not come out of the assets of the bankrupt, -does not constitute a preference.</p> <p>4 Same.</p> <p>A bank advanced money on a check drawn by a corporation, which afterward became a bankrupt, with the express agreement that the money was to be used only for a particular purpose. It was not so used, and was later returned to the bank in payment of the check. (Held, that such transaction did not constitute a preferential payment, so as to affect other claims of the bank against the estate in bankruptcy.</p> <p>5. Same—Proceedings before Referee—Objections to Evidence.</p> <p>A referee in bankruptcy is governed by the rules in equity in taking testimony, and is not authorized to excuse a witness from answering questions on objection thereto.</p> <p>6. Same—Fees of Referees.</p> <p>A special allowance to a referee for services performed, in addition to the fees fixed by the bankruptcy act, cannot be made, even with the consent of the attorneys for the parties in interest.</p> <p>¶ 2. See Bankruptcy, vol. 6, Cent. Dig. § 526.</p>