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New York v. Irving Trust Co., 288 U.S. 329 (1933)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
New York v. Irving Trust Co., 288 U.S. 329 (1933)
New York v. Irving Trust Co. No. 304 Argued January 13, 1933 Decided February 13, 1933 288 U.S. 329
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. The provision of the Bankruptcy Act (§ 57) that claims shall not be proved after six month from adjudication, does not apply to the United States or the state, since they are not mentioned. P. 331.
2. The Federal Government possesses supreme power in respect of bankruptcies. If a state desire to participate in the assets of a bankrupt, she must submit to appropriate limitations on the time for presenting claims. P. 333.
3. The court of bankruptcy made an order that claims not filed within sixty days after service of the order should be barred. The state, after service, allowed the time to expire, and then filed notice of a possible demand for taxes, stating that a definite claim would be presented when necessary reports, etc., could be obtained. Held that the District Court had power to expunge the notice.
58 F.2d 980, 981, affirmed.
Certiorari, 287 U.S. 587, to review a judgment affirming, with modification, an order expunging a notice of future claim, filed out of time by the state, in a bankruptcy proceeding.
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Chicago: U.S. Supreme Court, "Syllabus," New York v. Irving Trust Co., 288 U.S. 329 (1933) in 288 U.S. 329 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=A9CH4JKIWSEXHXW.
MLA: U.S. Supreme Court. "Syllabus." New York v. Irving Trust Co., 288 U.S. 329 (1933), in 288 U.S. 329, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A9CH4JKIWSEXHXW.
Harvard: U.S. Supreme Court, 'Syllabus' in New York v. Irving Trust Co., 288 U.S. 329 (1933). cited in 1933, 288 U.S. 329. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=A9CH4JKIWSEXHXW.
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