In re Cadenas & Coe
District Court, S.D. New York
In the matter of the bankruptcy proceedings against Cadenas & Coe. On petition of the Hirsch Cumber Company for an order requiring a trustee to satisfy a judgment recovered by petitioners against the assignee o'f the bankrupts.
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In the matter of the bankruptcy proceedings against Cadenas & Coe. On petition of the Hirsch Cumber Company for an order requiring a trustee to satisfy a judgment recovered by petitioners against the assignee o'f the bankrupts. This is an application by the petitioner, the Hirsch Humber Company, for an order directing the trustee in bankruptcy of the firm of Cadenas & Coe to satisfy a certain judgment rendered in the Supreme Court of the State of New York and entered on March 24, 1910, against Charles B. Hubbell, assignee of the firm of Cadenas & Coe, and in favor of the petitioner. The…
1Opinion of the Court
.HAND, District Judge
(after stating the facts as above). The order of May 28, 1907, gave notice to the trustee that he took subject to equities, a provision which was unnecessary; but it gave no notice of any specific equities. The same order directed the trustee to defend any suits brought against the assignee. The trustee’s attorneys, White & Case, did in fact appear and defend the suit in which judgment was entered against the assignee. Meanwhile, and on October 29, 1907, an order confirming a composition was entered under which subsequently the trustee, as directed, turned over the assets…
2Cited by5 opinions
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- United States v. SondheimDistrict Court, D. Massachusetts · 1910
- In re SchwartzCourt of Appeals for the Second Circuit · 1925
- In re Clement D. Cates & Co.District Court, S.D. Florida · 1922