Legal Opinion
In re Hoey, Tilden & Co.
District Court, S.D. New York
Decided November 17, 1922PublishedCited by 22 opinions
1Opinion of the Court
LEARNED HAND, District Judge.
This motion affects two different suits, the dates being all important. The suit touching the Coffee Exchange seat was commenced on July 21, 1922, more than three weeks before the petition was filed and the receiver appointed herein, on August 15, 1922. As it was a suit to establish a constructive trust in specific property, it was not superseded by the bankruptcy proceedings. It is true that these would supersede insolvency suits in the state court (In re Diamond’s Estate [C. C. A. 8th] 259 Fed. 70, 170 C. C. A. 138); or suits to administer partnership assets on…
2Cases cited15 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- In Re Watts and SachsSupreme Court of the United States · 1903
- Bryan v. BernheimerSupreme Court of the United States · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Riehle v. MargoliesSupreme Court of the United States · 1929
- G. L. Nicklaus, Trustee in Bankruptcy of the Estate of Bronson Woodworth, Inc., Bankrupt v. Bank of RussellvilleCourt of Appeals for the Eighth Circuit · 1964
- Buss v. Long Island Storage Warehouse Co.Court of Appeals for the Second Circuit · 1933
- Moore v. ScottCourt of Appeals for the Ninth Circuit · 1932
- Bogdon v. FortSupreme Court of Colorado · 1924
17 more not listed; retrieve them via the Exa API.