Grant Shoe Co. v. Laird Co., 212 U.S. 445 (1909)

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Frederick L. Grant Shoe Company

v. W. M. Laird Company
No. 35

Argued December 2, 1908
Decided February 23, 1909
212 U.S. 445

ERROR TO THE DISTRICT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF NEW YORK

Syllabus

The time within which a writ of error may be brought to review an adjudication of bankruptcy of the district court is two years as regulated by § 4, 5, of the Act of March 3, 1891, c. 517, 26 Stat. 826, 827, and not thirty days, the time fixed for appeals by general order of this Court in bankruptcy, No. 36. Allen v. Southern Pacific Co., 173 U.S. 479.

A bill of exceptions is not necessary when it adds nothing to the record. C. H. Nichols Lumber Co. v. Franson, 203 U.S. 278.

The objections to a double resort to review decisions of the lower courts to both the circuit court of appeals and this Court do not apply where the proceeding in the circuit court of appeals is merely revisory, as it is under § 24b of the Bankruptcy Act, and a merely interlocutory decision in such a proceeding cannot prevent a case, otherwise proper to be brought here, from being taken to this Court after final judgment.

Provable claims on which a petition to have the debtor adjudicated a bankrupt under § 59b of the Bankruptcy Act can be based are claims that can be proved in the proceeding, and a liquidation may be ordered on the filing of the petition to ascertain whether the petition is based on a provable claim.

A provable claim may be based on the breach of an express warranty.

The facts are stated in the opinion.