Legal Opinion

Lovell v. Isidore Newman & Son

Court of Appeals for the Fifth Circuit

Decided January 2, 1912No. 2,296PublishedCited by 9 opinions

In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action by William S. Lovell, as trustee in bankruptcy of Knight, Yancey & Co., against Isidore Newman & Son and others. From a judgment for defendants (188 Fed. 534), plaintiff brings error.

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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action by William S. Lovell, as trustee in bankruptcy of Knight, Yancey & Co., against Isidore Newman & Son and others. From a judgment for defendants (188 Fed. 534), plaintiff brings error. It appears from tlie record that Knight, Yancey & Co., who had been for ■ several years largely engaged in exporting cotton from the United States, were adjudicated bankrupts April 20, 1910. On the day following receivers were appointed, who, being thereunto duly authorized, instituted proceedings May 3, 1910, to…

1Opinion of the CourtMaxey, District Judge

(after stating the facts as above). Upon the trial of the case, a jury was waived by written stipulation of the parties, and the cause was submitted to the court upon an agreed statement of facts. The court, accepting such agreed statement as a basis, filed its findings of the ultimate facts, and rendered judgment in favor of the defendants and interveners, thus in effect holding that *756the spinners1 were the owners of the cotton at the date of the adjudication of bankruptcy, to wit, April 20, 1910. The trustee excepted to the judgment rendered, and insists that at the date mentioned the title…

2Cases cited17 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Norrington v. WrightSupreme Court of the United States · 1885
  3. Thompson v. FairbanksSupreme Court of the United States · 1905
  4. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  5. Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875

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3Cited by9 opinions

  1. National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
  2. Texarkana & Ft. S. Ry. Co. v. BrassTexas Commission of Appeals · 1924
  3. Foster v. Manufacturers' Finance Co.Court of Appeals for the First Circuit · 1927
  4. New York Cent. & H. R. R. v. Bank of Holly SpringsCourt of Appeals for the Fifth Circuit · 1912
  5. Lebanon Valley Iron & Steel Co. v. American Shipbuilding & Dock Corp.Court of Appeals for the Fourth Circuit · 1922

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