Enright v. Heckscher
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by John M. Enright, as trustee in bankruptcy of the Newfoundland Syndicate, a corporation, against August Heckscher. Judgment for plaintiff for part only of the amount sued for, and both parties bring error.
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In Error to the District Court of the United States for the Southern District of New York. Action by John M. Enright, as trustee in bankruptcy of the Newfoundland Syndicate, a corporation, against August Heckscher. Judgment for plaintiff for part only of the amount sued for, and both parties bring error. This cause comes hére on cross-writs of error to the United States District Court for the Southern District of New York on a judgment for $105,979.35. The plaintiff is a citizen of the state.of New Jersey. The defendant is a citizen of the state of New York, and resides in the Southern…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above).- This action is brought by the trustee in bankruptcy of the Syndicate to recover $250,000 upon an assessment made by (the bankruptcy court upon unpaid stock of the bankrupt held by the defendant, and which it is claimed was acquired by him with knowledge that it was not full-paid.
On December 29, 1911, the trustee in bankruptcy of the Syndicate instituted proceedings in the bankruptcy court of the district of New Jersey, to assess any stock of the bankrupt corporation which had been issued for less than its par value. An order to show cause why the trustee…
2Cases cited26 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- In Re MooreSupreme Court of the United States · 1908
- Handley v. StutzSupreme Court of the United States · 1891
- Interior Construction & Improvement Co. v. GibneySupreme Court of the United States · 1895
- Webster v. UptonSupreme Court of the United States · 1876
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3Cited by20 opinions
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- Piccard v. Sperry CorporationDistrict Court, S.D. New York · 1943
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