Milkman v. Arthe
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause conies here upon appeal from a decree of the District Court, Eastern District of New York, adjudging that 45 shares of stock of the Arthe Levy Bernhard Company are the property of the estate in bankruptcy of defendant John C. Arthe, and directing that Lancaster, the record owner of the stock, execute and deliver to the trustee an assignment of said shares.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause conies here upon appeal from a decree of the District Court, Eastern District of New York, adjudging that 45 shares of stock of the Arthe Levy Bernhard Company are the property of the estate in bankruptcy of defendant John C. Arthe, and directing that Lancaster, the record owner of the stock, execute and deliver to the trustee an assignment of said shares. The opinion of the District Judge will be found in 221 Led. 134.
1Opinion of the Court
LACOMBE, Circuit Judge.
The stock was bought in June, 1909, and was put in the name of Lancaster, who is the brother of Lucy Arthe, the wife of the bankrupt, John- C. Arthe. The price paid was $4,500. That money was furnished by Mrs. Arthe. Tart of it, $2,000, came from a mortgage she placed upon a house, which she had bought September 25, 1905, with moneys which she then had in savings banks; $1,700 in a Utica bank, and apparently $1,200 (or $1,350) in the Eim pire City Savings Bank. Part of the price of the stock, $1,000, came from the repayment to Mrs. Arthe of a loan she had made to one…
2Cases cited3 opinions
- Harris v. First National Bank of Mt. PleasantSupreme Court of the United States · 1910
- In re L. Hammel & Co.Court of Appeals for the Second Circuit · 1915
- Newcomb v. BiwerDistrict Court, D. South Dakota · 1912
3Cited by7 opinions
- Lowenstein v. ReikesCourt of Appeals for the Second Circuit · 1932
- Austrian v. WilliamsCourt of Appeals for the Second Circuit · 1946
- Mullins v. RiopelMassachusetts Supreme Judicial Court · 1948
- In re GannonDistrict Court, S.D. New York · 1917
- In re LevyDistrict Court, E.D. New York · 1915
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