Summary

Oliver Wendell Holmes, Jr. Whitney v. Dresser — Opinion of the Court

Judges of practical experience have pointed out the expense, embarrassments, and delay which would be caused if a formal objection necessarily should put a creditor to the production of evidence or require a continuance. Justice is secured by the power to continue the consideration of a claim whenever it appears there is good reason for it. We believe that the understanding of the profession, the words of the act, and convenient and just administration, all are on the side of treating a sworn proof of claim as some evidence, even when it is denied.
Source: Wikisource

Oliver Wendell Holmes, Jr. Whitney v. Dresser — Opinion of the Court

In May, 1896, the firm was dissolved, Daniel Le Roy Dresser took over its assets and assumed its liabilities, including that to the deponent with her consent, 'and the proceeds of the loans for which said securities had been deposited by said firm as collateral were turned over to said Daniel Le Roy Dresser, and used by him in his business.' In May, 1897, the present bankrupts formed their partnership, taking over the assets and assuming the liabilities of said Dresser.
Source: Wikisource

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