Andrews v. Nix & Co., 246 U.S. 273 (1918)

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Andrews v. Nix & Company


Nos. 140

, 141


Argued January 22, 1918
Decided March 4, 1918
246 U.S. 273

ERROR TO THE COURT OF ERRORS AND APPEALS
OF THE STATE OF NEW JERSEY

Syllabus

Creditors who participated in the initiation of involuntary bankruptcy proceedings, in the election of a trustee, and in a creditors’ meeting resulting in expense to the estate, and who filed and secured allowance of their claims, but who received no payments and, before any dividend was declared, obtained an order that their claims be wholly withdrawn and expunged and excluded from participating in the distribution of the estate, held not to be "creditors participating in the distribution" of the estate "under the bankruptcy proceedings" within the meaning of § 70a, subdivision 5, of the Bankruptcy Act.

88 N.J.L. 721, 718, affirmed.

The case is stated in the opinion.