108 F.1d 372 - In re Scully — 108 F. 372

How this case has been cited

Cited by 4 later decisions — most recently April 1951

3 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Bankruptcy — Electior of Trustee — Authority of Attorney to Vote.

¶2The mere relation of attorney at law for creditors of a bankrupt does not authorize such attorney to vote in behalf of his clients at the election of trustee.

¶3In Bankruptcy. On petition to set aside election of trustee.

¶4Michael J. Ryan, for creditor.

¶5J. Quincy Hunsicker, for bankrupt.

¶6J. B. McPHERSON, District Judge.

¶7I think the learned referee was right in deciding that the mere relation of attorney at law did not authorize Mr. Hunsicker to vote in behalf of his clients at the election of the trustee (In re Blankfein [D. C.] 97 Fed. 191; In re Eagles [D. C.] 99 Fed. 695; In re Richards [D. C.] 103 Fed. 849); *373and, since it clearly appeared by the testimony taken at that meeting that the bankrupt was insolvent when Catharine Lenahan’s execution issued, I agree also in the conclusion that the lien of her levy was avoided by clause “f” of section 67, and therefore that she was not disqualified to take part in the election. The petition is refused.