In re Friend
Court of Appeals for the Second Circuit
Appeal from and Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Henry Friend and others, doing business as W. B. Friend & Co., bankrupts. From an order denying their petition for the delivery fay them of goods and accounts, Maurice Gordon and others appeal and file a petition to revise.
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Appeal from and Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Henry Friend and others, doing business as W. B. Friend & Co., bankrupts. From an order denying their petition for the delivery fay them of goods and accounts, Maurice Gordon and others appeal and file a petition to revise. Prior to October, 1920, the appellant partnership (Gordon & Cohen) sold to the bankrupts in the city of New York a quantity of velveteen. It was not paid for, and vendors sued for the purchase price. In said October this suit was…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The question presented is raised both by an appeal and a petition to revise. But the matter before the District Court was in effect an assertion by the vendors of a right to property in the possession of the court’s representative in the bankruptcy; it was an endeavor by a third party to take something away from the estate in bankruptcy. Consequently the appeal taken is proper under In re Prudential, etc., Co. (C. C. A.) 270 Fed. 469, and the petition to revise is not proper.
[2] The fact that in the written agreement above recited but two Friends are…
2Cases cited1 opinion
- In re Prudential Lithograph Co.Court of Appeals for the Second Circuit · 1920
3Cited by2 opinions
- In re Irish Beverage Co.District Court, S.D. New York · 1938
- In re ULROP-HUFF Co.District Court, W.D. New York · 1925