New York County National Bank v. Massey
Supreme Court of the United States
APPEAL FROM THE CIRCUIT-COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. The certification of his findings by a referee in bankruptcy and the findings themselves are as binding as are the findings of fact of any referee or single judge or the verdict of a jury, .unless manifestly unquestionably erroneous. In re Carver, 113 Fed. Rep. 138; In re Stout, 109 Fed. Rep. 794; In re Covington, 110 Fed.
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APPEAL FROM THE CIRCUIT-COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. The certification of his findings by a referee in bankruptcy and the findings themselves are as binding as are the findings of fact of any referee or single judge or the verdict of a jury, .unless manifestly unquestionably erroneous. In re Carver, 113 Fed. Rep. 138; In re Stout, 109 Fed. Rep. 794; In re Covington, 110 Fed. Rep. 143; Railway Co. v. Gordon, 151 U. S. 285. A finding of fact dependent upon conflicting testimony by a judgp, or master or referee, who sees and hears the witnesses…
1Opinion of the CourtJustice Day
This is an appeal from the judgment of the Circuit Court of Appeals for the Second Circuit, reversing the order of the .District Court affirming the order of the referee in bankruptcy, allowing a claim against the estate of Stege & Brother. This claim was allowed against the contention of the trustee of the bankrupt, that it could not be proved until the bank should surrender a certain alleged preference' given to it in contravention of the bankrupt act. The Circuit Court -of Appeals reversed the order of the District Court, holding that the bank must-first surrender the preference before it…
2Cases cited7 opinions
- Davis v. Elmira Savings BankSupreme Court of the United States · 1896
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Scammon v. KimballSupreme Court of the United States · 1876
- Jaquith v. AldenSupreme Court of the United States · 1903
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- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
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