Legal Opinion
In re Northrup
District Court, N.D. New York
Decided April 26, 1920PublishedCited by 7 opinions
In Bankruptcy. In the matter of Lester D. Northrup, bankrupt. On petition by bankrupt for injunction restraining prosecution of action in state court. The bankrupt seeks to restrain, one Thomas O. Taylor from the further prosecution of a suit pending in the Supreme Court of the state of New York against him, brought by Taylor prior to the filing of the petition in bankruptcy.
1Opinion of the Court
RAY, District Judge.
The allegation in the complaint in the action, the further prosecution of which is sought to be restrained, is as follows :
“That on and prior to the 23d day of May, 1918, the defendant was in possession and had in his custody the sum of $160.55, the property of the plaintiff, and was of the value of $160.55. That on the 23d day of May, 1938, and on several occasions prior thereto, at the village of Pratts Hollow, Madison county, New York, the plaintiff demanded the said money, goods, and property of the plaintiff from the said defendant. That said defendant refused and…
2Cases cited5 opinions
- Wood v. . FiskNew York Court of Appeals · 1915
- Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
- Heaphy v. KerrAppellate Division of the Supreme Court of the State of New York · 1920
- Andrews v. . DresserNew York Court of Appeals · 1915
3Cited by7 opinions
- Holmes v. DavidsonCourt of Appeals for the Ninth Circuit · 1936
- In re De GraafDistrict Court, W.D. Michigan · 1927
- First National Bank v. HaymesCivil Court of the City of New York · 1966
- In re AlvinoCourt of Appeals for the Second Circuit · 1940
- Poznanovic v. GilardineSupreme Court of Minnesota · 1928
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