In re B. W. Scott Book & Art Store, Inc.
District Court, W.D. New York
1Opinion of the Court
ICNIGHT, District Judge.
After rehearing, the referee has found that the levies in question were perfunctory and for the purpose of being used as a security and so became dormant. As to the executions of Baid’s, Inc., and Mabie-Todd Company, it is found that no revival of the lien of execution has been proved. This finding fails to give due consideration to the testimony of the attorney for the creditors that his instructions to the sheriff to use his own judgment were meant to apply to such details of the sale as date and notice to dealers in other cities who might be interested in purchasing…
2Cases cited3 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Minnich v. GardnerSupreme Court of the United States · 1934
- In re ZeisCourt of Appeals for the Second Circuit · 1917
3Cited by2 opinions
- In the Matter of Vintero Corporation, Debtor. Vintero Corporation v. Corporacion Venezolana De FomentoCourt of Appeals for the Second Circuit · 1984
- In re GuertlerDistrict Court, E.D. Pennsylvania · 1935