In re Graff
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of the bankruptcy of G. Edward Graff and Thomas E. Nevins, individually and as copartners composing the firm of G. Ed-.vyard Graff & Co. On petition by the People’s Trust Company, as executor of the estate of Edward Johnson, deceased, to reopen the estate.
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Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of the bankruptcy of G. Edward Graff and Thomas E. Nevins, individually and as copartners composing the firm of G. Ed-.vyard Graff & Co. On petition by the People’s Trust Company, as executor of the estate of Edward Johnson, deceased, to reopen the estate. Petition to reopen being denied, and the former trustee being directed to execute a document validating the title of Nevins to property alleged to have been newly discovered (242 Eed. 577), the People's Trust Company…
1Opinion of the Court
HOUGH, Circuit Judge.
[1,2] The power of reopening estates depends upon section 2, subd. 8, of the Bankruptcy Act. The statute presupposes that estates have been closed, and authorizes the court to “reopen them whenever it appears that they were closed before being fully administered.” We have held in Re Goldman, 129 Fed. 212, 63 C. C. A. 370, that a motion to reopen is “addressed to the sound discretion” of the District Court, and in the same case pointed out that such application should be made by creditors. This must follow from the fact that flic result of a reopening is the election of…
2Cases cited3 opinions
- In re NewtonCourt of Appeals for the Eighth Circuit · 1901
- In re HollinsCourt of Appeals for the Second Circuit · 1916
- In re GoldmanCourt of Appeals for the Second Circuit · 1904
3Cited by13 opinions
- Mohonk Realty Corporation v. Wise Shoe StoresCourt of Appeals for the Second Circuit · 1940
- In Re SchreiberCourt of Appeals for the Second Circuit · 1928
- Federal Land Bank of Springfield v. HansenCourt of Appeals for the Second Circuit · 1940
- Hunter v. Commerce Trust Co.Court of Appeals for the Eighth Circuit · 1932
- Danciger v. SmithCourt of Appeals of Texas · 1926
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