In re York Silk Mfg. Co.

Decision Date08 July 1911
Docket Number1,719.
Citation188 F. 735
PartiesIn re YORK SILK MFG. CO.
CourtU.S. District Court — Middle District of Pennsylvania

Niles & Neff, for the bankrupt.

A. V. Bower, John F. Kell, and C. P. Miller, for the Commonwealth of Pennsylvania.

WITMER, District Judge.

After hearing the argument of counsel, reading and considering the opinion filed by J. Edward Vandersloot, Esq., referee, the exceptions thereto and the record in this case, it is, upon consideration, adjudged and decreed that the findings of the referee in favor of the trustee and general creditors disallowing the claim of the commonwealth, as preferred, and in rejecting the claim for penalties, are in accordance with the law, and the referee's conclusions and order are affirmed.

The well-considered opinion of the learned referee is adopted as the opinion, conclusions, and order of the court.

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5 cases
  • Nolte v. Hudson Nav. Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 27 Julio 1925
    ...but is a liability payable like any ordinary indebtedness. In re Wyoming Valley Ice Co. (D. C.) 145 F. 267; In re York Silk Mfg. Co. (D. C.) 188 F. 735, 738, 740. And see In re William A. Harris Steam Engine Co. (D. C.) 225 F. 609, The state of Pennsylvania some years ago enacted a law maki......
  • In re Messenger's Merchants Lunch Rooms
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 24 Octubre 1936
    ...penalties are not even provable in bankruptcy, but that claims can be allowed only for the amount of the pecuniary loss. In re York Silk Mfg. Co. (D.C.) 188 F. 735, affirmed Pennsylvania v. York Silk Mfg. Co. (C.C.A.) 192 F. 81, appeal dismissed 232 U.S. 718, 34 S.Ct. 601, 58 L.Ed. 813, and......
  • Commonwealth of Pennsylvania v. York Silk Mfg. Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 6 Diciembre 1911
  • People v. MENIHAN CORP.
    • United States
    • United States State Supreme Court (New York)
    • 9 Mayo 1952
    ...so far as it represents such penalty is not subject to cancellation and discharge. (Matter of Abelove, 138 Misc. 241; Matter of York Silk Mfg. Co., 188 F. 735, affd. 192 F. 81, appeal dismissed 232 U. S. 718, certiorari denied 232 U. S. 724; Matter of Abramson, 210 F. 878. See, also, Matter......
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