In re Drumgoole

Citations

• 140 F. 208
• 1905 U.S. Dist. LEXIS 84

Syllabus

<p>1. Bankruptcy — Effect of Order — Res Judicata.</p> <p>An order made by a referee on a motion directing a trustee to return to the purchaser of certain casks of whisky sold by the trustee a part of the purchase money on account of a shortage in the quantity, where the amount involved was small, the shortage very large, and no defense was made, does not constitute an adjudication of the terms of the contract of sale which will bind the trustee when a much larger claim is filed involving other packages.</p> <p>2. Same — Claim Against Trustee — Splitting of Demand.</p> <p>Where a purchaser of a large quantity of whisky at a trustee’s sale made a claim for shortage in two packages, which was allowed, he is barred of further claim with respect to other packages, which might have been ascertained and included in the former claim.</p>