Legal Opinion

Bostian v. Newman

Court of Appeals for the Eighth Circuit

Decided August 11, 1944No. 12806PublishedCited by 5 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

This case involves an application of the principles which have been set out in No. 12,793, In re Kansas City Journal-Post Co. (Bostian v. Shapiro), 8 Cir., 144 F.2d 812, decided concurrently herewith, and which need not be repeated here.

The question is whether Newman, president of the bankrupt corporation., had a substantial adverse claim to $75,900 withdrawn by him from the corporation’s bank account some time before the bankruptcy, so that he could not, except with his consent, be made subject to a turnover order in summary proceedings. Newman had objected to the…

2Cases cited3 opinions

  1. Bostian v. SchapiroCourt of Appeals for the Eighth Circuit · 1944
  2. In re Kansas City Journal-Post Co.District Court, W.D. Missouri · 1943
  3. Bostian v. SchapiroCourt of Appeals for the Eighth Circuit · 1944

3Cited by5 opinions

  1. In Re Kansas City Journal-Post Co.Court of Appeals for the Eighth Circuit · 1944
  2. Bostian v. SchapiroCourt of Appeals for the Eighth Circuit · 1944
  3. Katz v. Olney Federal Savings & Loan Ass'n (In re David M. Hunt Construction Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1980
  4. Quittner v. TaylorDistrict Court, S.D. California · 1953
  5. Schapiro v. MiddletonDistrict Court, W.D. Missouri · 1945

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