Legal Opinion

In re Baxter & Co.

Court of Appeals for the Second Circuit

Decided February 28, 1907No. Nos. 105, 208, 159, 182PublishedCited by 33 opinions

Appeal from the District Court of the United States for the Southern District of New York.

1Opinion of the Court

WALLACE, Circuit Judge.

The question in this case is whether Mr. Abney, the petitioner for review, has an attorney’s lien upon a fund in the custody of a court of bankruptcy. By the order under review the court below disallowed the lien.

In Eebruary, 1904, petitions in involuntary bankruptcy were filed in the United States District Court for the Southern District of New York against the corporation styled “A. B. Baxter & Co.,” in behalf of certain creditors, by Mr. Abney as attorney, and Eebruary 6th the court appointed a temporary receiver of the property of the corporation. The assets of the…

2Cases cited13 opinions

  1. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
  2. Stokes v. SaltonstallSupreme Court of the United States · 1839
  3. Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
  4. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  5. Brine v. Insurance Co.Supreme Court of the United States · 1878

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3Cited by33 opinions

  1. Veronica Lewis, Individually Etc., Naomi Barry Pottinger, Individually, Etc., Vincent Lewis, Daisy Llewellyn, and Margaret Clark, Individually, Etc. v. S. S. Baune, in the Matter of Skibs A/s Baumare and Torvald Klaveness, as Owner Andmanaging Owner of the S/s Baune, Petitioning for Exoneration From or Limitationof Liability v. Phyllis Hoyt, Claimants-AppelleesCourt of Appeals for the Fifth Circuit · 1976
  2. In Re Shirley Duke Associates, Debtor. Bryan Gordon, Jr. (Appellee), Dorothy C. Gordon, Individually, and Ralph C. Mutchler, Jr., and Sam L. Harrell, Trustees v. Shirley Duke Associates, A.P.I. Trust and Shirduke, Inc., Bryan Gordon, Jr. (Appellee), Dorothy C. Gordon, E. M. Bros, Trustee for the Benefit of Orpha L. Bros Estate, Peter K. Bros, Trustee for the Benefit of E. M. Bros Estate and Ralph C. Mutchler, Jr. And Sam L. Harrell, as Trustees v. Shirley Duke Associates, Appeal of Wisehart, Friou & KochCourt of Appeals for the Second Circuit · 1979
  3. In Re Prudence Co.Court of Appeals for the Second Circuit · 1938
  4. Brooks v. Mandel-Witte Co.Court of Appeals for the Second Circuit · 1932
  5. Nichols v. OrrSupreme Court of Colorado · 1917

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