In re Nice & Schreiber

Citations

• 123 F. 987
• 1903 U.S. Dist. LEXIS 262

Syllabus

<p>1. Bankruptcy—Trustee—Appointment—Vote op Creditors—Adjournment op Meeting.</p> <p>Bankr. Act July 1, 1898, §§ 44a, 56a, c. 541, 30 Stat. 558, 560 [IX S. Comp. St. 1901, pp. 3438, 3442], provide that the creditors shall appoint a trustee at the first meeting by a majority vote in number and amount of all whose claims have been allowed and are present. Held1, that creditors present at the meeting did not exhaust their right to select a trustee by a single ineffectual vote, but that they were entitled to a reasonable adjournment of such meeting in order that an agreement might be reached.</p> <p>2. Same.</p> <p>A request that the referee adjourn the meeting for 24 hours for such purpose was reasonable, and it was, therefore, error for him to refuse such request, and appoint a trustee of his own selection.</p>