In re Munger Vehicle Tire Co.
Court of Appeals for the Second Circuit
Petition to Review Order of the District Court of the United States for the Southern District of New York. On appeal from an order of the District Court, dated the 14th day of January, 1908, whereby the petition of the trustee in bankruptcy, asking for an order that an assessment be levied upon the Rubber Goods Manufacturing Company, an alleged stockholder of the bankrupt corporation, was referred to the referee, as special master, to “take evidence bearing on the question…
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Petition to Review Order of the District Court of the United States for the Southern District of New York. On appeal from an order of the District Court, dated the 14th day of January, 1908, whereby the petition of the trustee in bankruptcy, asking for an order that an assessment be levied upon the Rubber Goods Manufacturing Company, an alleged stockholder of the bankrupt corporation, was referred to the referee, as special master, to “take evidence bearing on the question whether an assessment should be levied upon said Rubber Goods Manufacturing Company, and whether the relief prayed for in…
1Per curiam
We are of the opinion that the District Court had jurisdiction to make a call upon the stockholders of the .Mungei Vehicle Tire Company, if the facts warranted the court in taking such action. We think, however, that the hearing before the referee should be expressly limited to the determination of this issue alone. It being conceded at the argument that the prayer of the petition is too broad, it follows that the reference to determine whether the relief prayed for in the petition should be granted is also too broad, and opens a field of inquiry which may possibly be prejudicial to the…
2Cited by6 opinions
- Harrigan v. BergdollSupreme Court of the United States · 1926
- In re Newfoundland SyndicateDistrict Court, D. New Jersey · 1912
- Rosoff v. Gilbert Transp. Co.District Court, D. Connecticut · 1915
- Babbitt v. ReadDistrict Court, S.D. New York · 1909
- Rosoff v. Gilbert Transp. Co.District Court, D. Connecticut · 1913
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