J. B. Orcutt Co. v. Green

Citations

• 204 U.S. 96
• 27 S. Ct. 195
• 51 L. Ed. 390
• 1907 U.S. LEXIS 1532

Syllabus

<p>Presentation and delivery to the trustee, within a year after the adjudication, for filing with the referee, of proof of claim is a filing within § 57 of the Bankruptcy Act as construed in connection with General Order in Bankruptcy, No. 21'</p> <p>The neglect of a trustee in bankruptcy to deliver to the referee claims left with him for filing is the neglect of an officer of the court and not the failure of the creditor to file his claim.</p> <p>A trustee in bankruptcy cannot file with himself proof of .his own claim against the bankrupt, nor can the delivery of such proof to his own attorney for filing with the referee stand, in case of failure of his attorney so to dq, in place of delivery to the referee.</p>