In re Seward Dredging Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Seward Dredging Company, bankrupt. On petition to revise an order granting a petition by one Estabrook for delivery of certain chattels to him. The bankrupt owned a placer mining property in Alaska. This will be assumed to be real estate, for purposes of decision, a holding not to be complained of by appellant, who takes the point for granted.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Seward Dredging Company, bankrupt. On petition to revise an order granting a petition by one Estabrook for delivery of certain chattels to him. The bankrupt owned a placer mining property in Alaska. This will be assumed to be real estate, for purposes of decision, a holding not to be complained of by appellant, who takes the point for granted. A written contract was made by bankrupt with one Estabrook, to the effect (so far as material) that Estabrook should “take possession” of the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The position strenuously maintained by the trustee rests on a combination of sundry legal elements of no very apparent relation to each other, viz.: (1) The amendment of 1910 to section 47a (2) of the Bankruptcy Act; (2) an Alaska statute regulating attachments; (3) an assumption that the agreement with Estabrook was a conveyance of some interest in land, and therefore real estate; (4) the Alaska recording acts; and (5) dependence on decisions of the Supreme Court of Oregon, in respect of statutes adopted from that state by Alaska.
[1,2] 1. Before the…
2Cases cited16 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Holt v. HenleySupreme Court of the United States · 1914
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
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3Cited by30 opinions
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- New York-Brooklyn Fuel Corporation v. FullerCourt of Appeals for the Second Circuit · 1926
- Wiggin Terminals, Inc. v. United StatesCourt of Appeals for the First Circuit · 1929
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