C. I. T. Corp. v. Himes

Third Circuit

C. I. T. Corp. v. Himes

98 F.2d 589, 1938 U.S. App. LEXIS 3276

CourtCourt of Appeals for the Third Circuit

DecidedJuly 6, 1938

DocketNo. 6704

StatusPublished

This text of 98 F.2d 589 (C. I. T. Corp. v. Himes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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C. I. T. Corp. v. Himes, 98 F.2d 589, 1938 U.S. App. LEXIS 3276 (3d Cir. 1938).

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Opinion

BUFFINGTON, Circuit Judge.

The facts of this bankruptcy case are detailed in the opinion of the court below, 23 F.Supp. 121.

After consideration, we find ourselves in accord therewith.

The gist of the case is summed up by the trial judge as follows:

“The claim as filed makes no mention of any such instrument. Section 57b of the Bankruptcy Act, 11 U.S.C.A. § 93(b), provides: . ‘Whenever a claim is founded upon an instrument of writing, such instrument, unless lost or destroyed, shall be filed with the proof of claim.’ To effectuate any amendment of claim the guaranty would have to be filed. An effective amendment would in reality be a new claim, invalid under section 57n [11 U.S.C.A. § 93 (n)].”

So regarding, the order of the court is affirmed.

DICKINSON, District Judge, concurs in the result.

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