|
|
Ivanhoe Building & Load Assn. v. Orr, 295 U.S. 243 (1935)
Contents:
Show Summary
Hide Summary
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.
Ivanhoe Building & Load Assn. v. Orr, 295 U.S. 243 (1935)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 295 U.S. 237, click here.
Ivanhoe Building & Load Assn. v. Orr No. 611 Argued April 5, 1935 Decided April 29, 1935 295 U.S. 243
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. A creditor of a bankrupt, claiming on a bond secured by a mortgage on real estate not owned by the bankrupt and upon which the creditor has foreclosed, is not a "secured creditor" of the bankrupt within the meaning of §§ 1 (23) and 57(e) of the Bankruptcy Act, and is not precluded thereby from proving his claim for the principal of the bond and interest, though he may not collect and retain dividends which, with the fruits of the foreclosure, will exceed that amount. P. 245.
2. The case of a bankrupt indebted to a creditor on a bond secured by a mortgage on property of a third person which the creditor has foreclosed is not a case of mutual debt between bankrupt and creditor, within the meaning of § 68(a) of the Bankruptcy Act, and that section does not limit the creditor’s proof of claim to the difference between the debt and the avails of the foreclosure. Pp. 246-247.
73 F.2d 609 reversed.
Certiorari, 294 U.S. 700, to review the affirmance of a judgment reducing a claim in bankruptcy.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ivanhoe Building & Load Assn. v. Orr, 295 U.S. 243 (1935) in 295 U.S. 243 295 U.S. 244. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DDHRDAQ6G7UN3BA.
MLA: U.S. Supreme Court. "Syllabus." Ivanhoe Building & Load Assn. v. Orr, 295 U.S. 243 (1935), in 295 U.S. 243, page 295 U.S. 244. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DDHRDAQ6G7UN3BA.
Harvard: U.S. Supreme Court, 'Syllabus' in Ivanhoe Building & Load Assn. v. Orr, 295 U.S. 243 (1935). cited in 1935, 295 U.S. 243, pp.295 U.S. 244. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DDHRDAQ6G7UN3BA.
|