Legal Opinion

Merriam v. Wimpfheimer

District Court, S.D. New York

Decided October 20, 1938PublishedCited by 1 opinion

1Opinion of the Court

WOOLSEY, District Judge.

The first two causes of action stated in the complaint have been settled and, therefore, I have only to consider the third.

I hold that the third alleged cause of action as against Otto D. Wimpfheimer and. Sol Wimpfheimer and Thorner Manufacturing Company, Inc., must be dismissed, without costs.

I have already dismissed the complaint as to E. W. Bliss Buildings, Inc., without, costs.

I. My subject matter jurisdiction is-based on the Bankruptcy Act of 1898, Section 70e, 11 U.S.C.A. § 110(e), which gives-to a trustee in bankruptcy the right to recover by suit property…

2Cases cited8 opinions

  1. Stellwagen v. ClumSupreme Court of the United States · 1918
  2. Feist v. DruckermanCourt of Appeals for the Second Circuit · 1934
  3. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1938
  4. Varnum v. . HartNew York Court of Appeals · 1890
  5. Oxford Paper Co. v. United StatesUnited States Court of Claims · 1931

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

3Cited by1 opinion

  1. Dellefield v. Blockdel Realty Co.Court of Appeals for the Second Circuit · 1942

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