Legal Opinion

Fuller, Trustee v. Rock

Ohio Supreme Court

Decided March 16, 1932No. 23008 and 23077PublishedCited by 4 opinions

1Opinion of the CourtDay, J.

A question common to both the Rock and the Hoffman cases is whether the two-year statute of limitations of the Bankruptcy Act or the state statute of limitations of one year, as provided in Section 8623-28, General Code, is applicable.

Chapter 3, Section lid, of the Bankruptcy Act of 1898 (30 Stats. at L., 549), Title 11, Section 29 (d), U. S. Code, provides: “Suits shall not be brought by or against a trustee of a bankrupt estate subsequent to two years after the estate has been closed.”

That Congress had power to enact such a law is found in Article I, Section 8, clause 4, of the United…

2Cases cited28 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. The Minnesota Rate CasesSupreme Court of the United States · 1913
  3. Moore v. BaySupreme Court of the United States · 1931
  4. Engel v. DavenportSupreme Court of the United States · 1926
  5. In Re Watts and SachsSupreme Court of the United States · 1903

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3Cited by4 opinions

  1. Isaacs v. NeeceCourt of Appeals for the Fifth Circuit · 1935
  2. Devoy v. Superior Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
  3. Engebretson v. WestNebraska Supreme Court · 1938
  4. Keville v. DerryMassachusetts District Court, Appellate Division · 1940

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