In re Interocean Transp. Co. of America
District Court, S.D. New York
In Bankruptcy. In the matter of Interocean Transportation Company of America, bankrupt. On motion by Robert P. Lewis, receiver in bankruptcy, to stay suits in a state court and in a court of admiralty. The facts in this case are as follows: Palin, Evans & Co., Limited, the libelant in admiralty, chartered the ship Brinkburn to the Hellenic Transatlantic Steamship Company, the plaintiff in the action in the state court, on a time charter, reserving a lien on subfreights.
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In Bankruptcy. In the matter of Interocean Transportation Company of America, bankrupt. On motion by Robert P. Lewis, receiver in bankruptcy, to stay suits in a state court and in a court of admiralty. The facts in this case are as follows: Palin, Evans & Co., Limited, the libelant in admiralty, chartered the ship Brinkburn to the Hellenic Transatlantic Steamship Company, the plaintiff in the action in the state court, on a time charter, reserving a lien on subfreights. The Hellenic Transatlantic Steamship Company subchartered the Brinkburn to the Interocean Transportation Company, the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] On November 24, 1915, when the notice of motion was served by the receiver upon the Equitable Trust Company, it held a fund upon which it had no claim and against which there had already been made two adverse claims. Each of these arose from circumstances existing before petition filed, which distinguishes the case from Bryan v. Bernheimer, 181 U. S. 188, 21 Sup. Ct. 557, 45 L. Ed. 814, where the purchaser of the assignee for creditors had bought after petition filed. The question, therefore, is whether claims made after petition filed, but arising…
2Cases cited12 opinions
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Moran v. SturgesSupreme Court of the United States · 1894
- Whitney v. WenmanSupreme Court of the United States · 1905
- First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
- Hebert v. CrawfordSupreme Court of the United States · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re Hoey, Tilden & Co.District Court, S.D. New York · 1922
- McClendon v. DeanNew Mexico Supreme Court · 1941
- Hilding v. Guarantee Bond & Mortgage Co.District Court, W.D. Michigan · 1927
- In re GoldmanDistrict Court, S.D. New York · 1933
- In Re ZimmermannDistrict Court, S.D. New York · 1933
7 more not listed; retrieve them via the Exa API.