In re Imperial Textile Co.
District Court, N.D. New York
On Rehearing. Former decision establishing an equitable lien in favor of the claimant, one William F. Nelson, reversed. This case is now before this court on a rehearing granted by the court after a.decision affirming the report and decision of the referee which established an equitable lien on the sum of $585.50 in the hands of the trustee in favor of the claimant thereto, one William E. Nelson, and which sum is the proceeds of certain accounts due and owing to the bankrupt…
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On Rehearing. Former decision establishing an equitable lien in favor of the claimant, one William F. Nelson, reversed. This case is now before this court on a rehearing granted by the court after a.decision affirming the report and decision of the referee which established an equitable lien on the sum of $585.50 in the hands of the trustee in favor of the claimant thereto, one William E. Nelson, and which sum is the proceeds of certain accounts due and owing to the bankrupt at the date of the bankruptcy and which were collected by the trustee.
1Opinion of the Court
RAY, District Judge.
The referee found, and this court-found and again finds, as the evidence shows, that in the latter part of October or first days of November, 1913, the exact date being October 27, 1913, the now bankrupt, Imperial Textile Company, then in active business at Utica, N. Y., by its duly authorized officers and agents, entered into an “oral” agreement with the claimant, Wm. E. Nelson, by the terms of which Nelson was to advance to the company sums of money, from time to time as it might require same, to carry on its business, and the Imperial Textile Company, in consideration…
2Cases cited16 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Richardson v. ShawSupreme Court of the United States · 1908
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
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