In re Spitzer
Court of Appeals for the Second Circuit
Petition to Review the Order of the District Court of the United States for the Southern District of New York. This cause comes here upon petition for review of an order of the District Court, Southern District of New York, restraining the petitioner from prosecuting certain actions in the state court against Louis E. Binsse, who was duly appointed receiver of the assets of the bankrupt.
1Opinion of the Court
EACOMBE, Circuit Judge.
The date of adjudication in bankruptcy •does not appear, but Binsse was appointed receiver on November 25, 1903. Prior to his bankruptcy Spitzer assigned certain of his accounts receivable, amounting to about $20,000, to Rosenberg, for a valuable consideration. Rosenberg paid 80 per cent, of the face value of said accounts, less certain discounts in cash, and agreed that any amount in excess of that sum which he might collect — after retaining 2 per cent, a month — should eventually be paid over to Spitzer. Whether or not Rosenberg has collected from Spitzer’s debtors…
2Cases cited3 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- In re RussellCourt of Appeals for the Second Circuit · 1900
- In re Kanter & CohenCourt of Appeals for the Second Circuit · 1903
3Cited by18 opinions
- Vass v. Conron Bros. Co.Court of Appeals for the Second Circuit · 1932
- In re Platteville Foundry & Machine Co.District Court, W.D. Wisconsin · 1906
- Stephens v. WalkerSupreme Court of Alabama · 1928
- In re Interocean Transp. Co. of AmericaDistrict Court, S.D. New York · 1916
- Berman v. SmithDistrict Court, N.D. Georgia · 1909
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