In re E. Dier & Co.
District Court, S.D. New York
In Bankruptcy. In the matter of E. Dier & Co., bankrupts. On rule nisi on behalf of Elmore D. Dier to enjoin the receiver in bankruptcy and the district attorney of New York county from using the books and papers of the alleged bankrupt firm before the grand jury.
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In Bankruptcy. In the matter of E. Dier & Co., bankrupts. On rule nisi on behalf of Elmore D. Dier to enjoin the receiver in bankruptcy and the district attorney of New York county from using the books and papers of the alleged bankrupt firm before the grand jury. This proceeding comes up on rule nisi to enjoin a receiver in bankruptcy and the district attorney of New York county from using the books and papers of the alleged bankrupt firm before the grand jury of the Supreme Court of New York. A petition was filed against the firm of which the petitioner was a member, and a receiver…
1Opinion of the CourtEearned Hand, District Judge
(after stating the facts as ahove). It may be accepted that Judge Holt’s ruling in Re Harris (D. C.) 164 Fed. 293, had the approval of the Supreme Court in the appeal in that case. In re-Harris, 221 U. S. 274, 31 Sup. Ct. 557, 55 L. Ed. 752. There the alleged bankrupt resisted the surrender of . his books to the receiver and was eventually protected to the extent that, though he must surrender, it wa.s on condition that the books- should not be used by the receiver in aid of any criminal prosecution against him. Thus a compromise was effected betwe'en the right of his creditors to administer…
2Cases cited10 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Gouled v. United StatesSupreme Court of the United States · 1921
- Johnson v. United StatesCourt of Appeals for the First Circuit · 1908
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3Cited by1 opinion
- United States v. HoytDistrict Court, S.D. New York · 1931