Durand v. Brown
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. In the matter of the bankruptcy of the Tilden Saw & Manufacturing Company. The claim of Cullen Brown was contested by Harvey S. Durand, as trustee in bankruptcy. Erom a judgment of the District Court, reversing the order of the referee, and awarding a fund to claimant, the trustee appeals.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Appellee is the owner of the unpaid balance (about $5,175) of the bankrupt’s bonded indebtedness, secured by mortgage on its plant and other property. The mortgaged property was sold by the trustee in bankruptcy, under the order of the bankruptcy court, and by agreement between the interested parties the balance of the mortgage debt was paid over to a third person (who was in fact the trustee in bankruptcy) as trustee, to abide the final determination of the court as to right and ownership. The trustee and appellee each presented claims to the fund. The referee found…
2Cases cited10 opinions
- O. & W. Thum Co. v. TloczynskiMichigan Supreme Court · 1897
- Young v. Erie Iron Co.Michigan Supreme Court · 1887
- Clark v. E. C. Clark Machine Co.Michigan Supreme Court · 1908
- Prame v. FerrellCourt of Appeals for the Sixth Circuit · 1909
- Peninsular Savings Bank v. Black Flag Stove Polish Co.Michigan Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wearly v. Federal Trade CommissionDistrict Court, D. New Jersey · 1978
- Vanden Bosch v. Michigan Trust Co.Court of Appeals for the Sixth Circuit · 1929
- Nelson v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1953
- Lyons v. SachsCourt of Appeals for the Sixth Circuit · 1942
- Mathews v. BradfordCourt of Appeals for the Sixth Circuit · 1934
2 more not listed; retrieve them via the Exa API.