In re Pottier & Stymus Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Pottier & Stymus Company, bankrupt. On petition of Charles W. Whittlesey to revise order of District Court. At the date of filing petition one Whittlesey was a creditor of the bankrupt in $718.48, and the bankrupt had possession of divers articles of furniture intrusted to it by Whittlesey for repair and improvement.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Pottier & Stymus Company, bankrupt. On petition of Charles W. Whittlesey to revise order of District Court. At the date of filing petition one Whittlesey was a creditor of the bankrupt in $718.48, and the bankrupt had possession of divers articles of furniture intrusted to it by Whittlesey for repair and improvement. This work was incomplete when bankruptcy supervened; it was, however, shown below by competent evidence that the value of the work done and materials…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It may he admitted (though the facts shown are meager) that the bankrupt had the possessory lien of an artisan for the work and materials expended on Whittlesey’s furniture. But such lien grew in amount from day to day and could at any time be adjusted or measured in money, and as well on the day of filing petition as any other. It is also true that the receiver or other officer representing the bankrupt estate was not bound to complete the Whittlesey job; it was' like any other contract made by a bankrupt. Howard v. Magazine, etc., Co., 147 App. Div. 335,…
2Cases cited6 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Conboy v. First Nat. Bank of Jersey CitySupreme Court of the United States · 1906
- In re Philip Semmer Glass Co.Court of Appeals for the Second Circuit · 1905
- In re Wright-Dana Hardware Co.Court of Appeals for the Second Circuit · 1914
- Howard v. Magazine & Book Co.Appellate Division of the Supreme Court of the State of New York · 1911
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3Cited by13 opinions
- Siegel v. StateAppellate Division of the Supreme Court of the State of New York · 1941
- New York Credit Men's Adjustment Bureau, Inc. v. Bruno-New York, Inc.District Court, S.D. New York · 1954
- In Re Field Heating & Ventilating Co., Inc. Northbrook Homes, Inc. v. KleinCourt of Appeals for the Seventh Circuit · 1953
- In re Interstate Record Distributors, Inc.District Court, S.D. New York · 1970
- In re Associated Telephone Utilities Co.District Court, S.D. New York · 1935
8 more not listed; retrieve them via the Exa API.