Legal Opinion

In re Frankel

District Court, S.D. New York

Decided January 4, 1911PublishedCited by 17 opinions

. In the matter of Justus Frankel, bankrupt. On motion to punish bankrupt for contempt. This cause comes up on the return of an order to show causé to punish the bankrupt for a contempt of an order of the referee directing him to pay-oyer $16,215 to his trustee. The order was made after full hearing and testimony, and it adjudged that the bankrupt was then concealing that sum of money from the trustee, and refused to pay it' over.

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. In the matter of Justus Frankel, bankrupt. On motion to punish bankrupt for contempt. This cause comes up on the return of an order to show causé to punish the bankrupt for a contempt of an order of the referee directing him to pay-oyer $16,215 to his trustee. The order was made after full hearing and testimony, and it adjudged that the bankrupt was then concealing that sum of money from the trustee, and refused to pay it' over. The time expired within which a petition to review the order could be filed without the bankrupt’s filing such a petition. Thereupon the trustee applied to the…

1Opinion of the CourtHand, District Judge

(after stating the facts as above). I have alreády expressed myself as dissatisfied with the finding of the referee, not so much from what he had before him, as because, with what the bankrupt produced at this Muring, I was1 not as clear as I think I ought to be that at that time he had property concealed. Upon this motion the issues are merely this: Was the order made? Has the bankrupt disobeyed it? Has he the ability now to comply with it? As to the first two they are conceded; the question is of the third. If the order directing him to pay over the money is an estoppel, then that…

2Cases cited13 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. New Orleans v. Steamship Co.Supreme Court of the United States · 1874
  3. House v. . LockwoodNew York Court of Appeals · 1893
  4. Boyd v. GlucklichCourt of Appeals for the Eighth Circuit · 1902
  5. Samel v. DoddCourt of Appeals for the Fifth Circuit · 1906

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Maggio v. ZeitzSupreme Court of the United States · 1948
  2. Oriel v. RussellSupreme Court of the United States · 1929
  3. Clark v. MilensCourt of Appeals for the Ninth Circuit · 1928
  4. In re HaringDistrict Court, W.D. Michigan · 1912
  5. In Re OrielCourt of Appeals for the Second Circuit · 1928

12 more not listed; retrieve them via the Exa API.

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