In re Basha

S.D. New York

In re Basha

193 F. 151, 1912 U.S. Dist. LEXIS 1772

CourtDistrict Court, S.D. New York

DecidedJanuary 15, 1912

DocketNo. 12,588

StatusPublished

This text of 193 F. 151 (In re Basha) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Basha, 193 F. 151, 1912 U.S. Dist. LEXIS 1772 (S.D.N.Y. 1912).

Pincite

Opinion

HOUGH, District Judge

(after stating the facts as above). This is a hard case on the claimant; but the requirement of the statute is [153]*153imperative, and when one wishes to amend a claim there must be some claim to amend. What is sought to be here held as a claim is nothing done or intended to be done by the claimant. If the affidavit is a claim, so is a schedule. Yet that a scheduled creditor has no proven claim or any claim by virtue of schedules is elementary.

Decision affirmed for lack of power.

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HOUGH, District Judge

(after stating the facts as above). This is a hard case on the claimant; but the requirement of the statute is [153]*153imperative, and when one wishes to amend a claim there must be some claim to amend. What is sought to be here held as a claim is nothing done or intended to be done by the claimant. If the affidavit is a claim, so is a schedule. Yet that a scheduled creditor has no proven claim or any claim by virtue of schedules is elementary.

Decision affirmed for lack of power.

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Bluebook (online)

193 F. 151, 1912 U.S. Dist. LEXIS 1772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-basha-nysd-1912.