Legal Opinion

Scandinavian-American Bank v. Sabin

Court of Appeals for the Ninth Circuit

Decided October 25, 1915No. 2615PublishedCited by 11 opinions

Petition for Revision of, and Appeal from, an Order of the District Court of the United States for the District of Oregon, in Bankruptcy; Robert S. Bean, Judge. In the matter óf D. Sondheim, bankrupt, with R. L. Sabin, as trustee. Petition to revise and appeal by Scandinavian-American Bank from an order denying its claim to a lien.

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Petition for Revision of, and Appeal from, an Order of the District Court of the United States for the District of Oregon, in Bankruptcy; Robert S. Bean, Judge. In the matter óf D. Sondheim, bankrupt, with R. L. Sabin, as trustee. Petition to revise and appeal by Scandinavian-American Bank from an order denying its claim to a lien. This is a controversy between R. L. Sabin, trustee, in bankruptcy of the estate of D. Sondheim, bankrupt, and the Scandinavian-American Bank, a corporation, respecting the ownership of a certain stock of goods and merchandise. The material facts are not in dispute.…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts as above). [1] 1. We are of opinion that the question at issue presents a controversy arising in the course of bankruptcy proceedings, and is appealable under section 24a of the Bankruptcy Act (Act July 1, 1898, 30 Stat. 553). Hewit v. Berlin Machine Works, 194 U. S. 296, 24 Sup. Ct. 690, 48 L. Ed. 986; In re First National Bank, 135 Fed. 62, 67 C. C. A. 536; In re Mueller, 135 Fed. 711, 68 C. C. A. 349. The petition for revision will therefore be dismissed.

[2] 2. To the contention of the appellant that the trustee is without authority to maintain the proceeding, for…

2Cases cited14 opinions

  1. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  2. Heryford v. DavisSupreme Court of the United States · 1880
  3. In re MuellerCourt of Appeals for the Sixth Circuit · 1905
  4. Currie v. BowmanOregon Supreme Court · 1894
  5. Orton v. OrtonOregon Supreme Court · 1879

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

3Cited by11 opinions

  1. Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
  2. Kenney v. HurlburtOregon Supreme Court · 1918
  3. Albert Pick & Co. v. WilsonCourt of Appeals for the Eighth Circuit · 1927
  4. National Bank of Bakersfield v. MooreCourt of Appeals for the Ninth Circuit · 1918
  5. Penn Lumber Co. v. WilsonCourt of Appeals for the Fourth Circuit · 1928

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

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