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6 F. Cas. 427

In re Cooke

U.S. District Court

Decided March 23, 1875

U.S. District Court · decided 1875-03-23

[Certificate of Joseph Mason, Register in Bankruptcy:] To the Honorable John Cadwalader, Judge of the Said Court: I, the undersigned register in bankruptcy, to whom the above matter was referred, respectfully report: That, on the 17th day of March, 1S74, on behalf of Jay Cooke, McCulloch & Co., and certain other banking houses composing a copartnership or association, known by the name of “syndicate,” a deposition was made for the proof of a claim against the estate of the…

Decided 1875-03-23

CADWAD ADER, District Judge.

¶1The question is whether one hundred and nine thousand two hundred and twenty-two dollars and thirty-seven cents, the bankrupt's share of the profits of the joint concern, is to be deducted from the claim of two hundred and fifty-five thousand four hundred and ninety-three dollars and fifty-eight cents, before proof is allowed. The question answers itself. The proof cannot be allowed for more than the difference, one hundred and forty-six thousand two hundred and seventy-one dollars and twenty-one cents.

¶2BY

THE COURT.

¶3The register is instructed that the court’s order of yesterday does sanction an absolute allowance of proof of the amount of one hundred and forty-six thousand two hundred and seventy-one dollars and twenty-one cents, independently of any question of equalization or adjustment that may arise upon examining the final account of every one of the several firms, of which the so-called syndicate was composed, with such syndicate, and comparing those several accounts with one another, and with the final account of the bankrupts.

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