Martin Conboy v. First National Bank of Jersey City

• Decision Date: 19 November 1906
• Docket Number: No. 54,54
• Citation: 203 U.S. 141,27 S.Ct. 50,51 L.Ed. 128
• Parties: MARTIN CONBOY, as Trustee in Bankruptcy of the Phillip Semmer Glass Company, Limited, Bankrupt, Appt., v. FIRST NATIONAL BANK OF JERSEY CITY
• Court: U.S. Supreme Court

203 U.S. 141

27 S.Ct. 50

51 L.Ed. 128

MARTIN CONBOY, as Trustee in Bankruptcy of the Phillip Semmer Glass Company, Limited, Bankrupt, Appt.,

v FIRST NATIONAL BANK OF JERSEY CITY.

No. 54.

Argued October 23, 1906.

Decided November 19, 1906.

Mr. Martin Conboy for appellant.

[Argument of Counsel from page 142 intentionally omitted]

Mr. William G. Wilson for appellee.

Mr. Chief Justice Fuller delivered the opinion of the court:

This is an appeal from a final order of the circuit court of appeals for the second circuit affirming an order of the district court of the United States for the southern district of New York, filed June 7, 1904, affirming an order of a referee in bankruptcy, 'In the matter of Phillip Semmer Glass Company, Limited, Bankrupt,' dated May 7, 1904, allowing the claim of the First National Bank of Jersey City against the bankrupt's estate.

The final order of the circuit court of appeals was entered January 23, 1905. The trustee petitioned that court, April 25, to recall its mandate and vacate the order therefor, and the application was denied. On May 8 a petition for rehearing was filed, which was denied May 17, and an order to that effect entered May 24. A petition, dated the same day, was thereupon presented to a justice of this court, praying an appeal 'from the whole of the said order of affirmance of the circuit court of appeals for the second circuit, dated the 23d day of January, 1905, and from the whole of the said order of the circuit court of appeals for the second circuit, dated the 25th day of April, 1905, denying the motion of your petitioner to recall the mandate of said court and cancel the order for same, and from the whole of the said order of the circuit court of appeals for the second circuit, dated the 24th day of May, 1905, denying the petition of the said trustee for a rehearing;' and for the reversal of 'said orders and decrees, etc., and every part thereof.'

Appeal was allowed and certificate granted under § 25b, par. 2, of the bankruptcy act [30 Stat. at L. 553, chap. 541, U. S. Comp. Stat. 1901, p. 3432], May 27, 1905. Thereafter and on June 14, 1905, findings of fact and conclusions of law were filed by the circuit court of appeals, 'nunc pro tunc, as though the same were made and filed at the time of entry of the judgment of this court on the 23d day of January, 1905.'

The following provisions of the bankruptcy act are applicable:

'Sec. 25b. From any final decision of a court of appeals allowing or rejecting a claim under this act, an appeal may be had under such rules and within such time as may be prescribed by the Spreme Court of the United States in the following cases and no other:

* * * * *

'2. Where some justice of the Supreme Court of the United States shall certify that, in his opinion, the determination of the question or questions involved in the allowance or rejection of such claim is essential to a uniform construction of this act throughout the United States.'

Paragraphs 2 and 3 of general orders in bankruptcy, 36, read:

'2. Appeals under the act to the Supreme Court of the United States from a circuit court of appeals, or from the supreme court of a territory, or from the supreme court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken within thirty days after the judgment or decree, and shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States.

'3. In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall, at or before the time of entering its judgment or decree, make...