Chapman v. Bowen, 207 U.S. 89 (1907)

Chapman v. Bowen

No. 168

Submitted October 14, 1907
Decided November 11, 1907
207 U.S. 89

APPEAL FROM THE CIRCUIT COURT OF

APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

Clause 3 of General Order in bankruptcy XXXVI applies to appealable cases, and must be complied with.

This appeal cannot be maintained because it does not come within either paragraph 1 or paragraph 2 of § 25b of the Bankruptcy Act.

Where the decision below proceeds on principles of general law broad enough to sustain it without reference to provisions of the Bankruptcy Act, the question involved is not one which would justify a writ of error from the highest court of a state to this Court.

Appeal from 150 F. 106 dismissed.

The firm of A. McCoy & Company, a banking copartnership at Renesselaer, Indiana, was composed of Alfred McCoy and Thomas McCoy, and on July 11, 1904, the copartnership and its individual members were respectively adjudicated bankrupts.

Abner T. Bowen presented claims, on notes signed by the firm and also by its members, against the estate of the copartnership, which were allowed, and against the individual estate of Alfred McCoy, which were disallowed, by the referee,

subject only to such right as said claimant may have in said estate as a creditor of the estate of the firm of A. McCoy & Company, bankrupts, after the payment of the individual creditors of the estate of said Alfred McCoy, bankrupt.

Petition for review was filed and the matter certified to the District Court for the District of Indiana, by which the decision and order of the referee were approved and affirmed. Thereupon the case was carried by appeal to the Circuit Court of Appeals for the Seventh Circuit, which reversed the judgment of the district court and remanded the cause

with instructions . . . to allow the claim as a debt against the individual estate of Alfred McCoy, to be paid therefrom ratably with other creditors of that estate to the extent that such debt is not paid in the administration of the estate of the firm of McCoy & Company. 150 F. 106.

An appeal to this Court was allowed by a judge of the circuit court of appeals, and the case having been docketed here was submitted on a motion to dismiss or affirm.