Richter v. Goetz
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of tire Clark Realty Company, bankrupt. On petition by August Richter, Jr., trustee, to compel Julius J. Goetz, trustee in bankruptcy, to pay certain tax certificates, etc. From an order of tbe District Court, affirming- an order of the referee denying the relief sought, petitioner appeals.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of tire Clark Realty Company, bankrupt. On petition by August Richter, Jr., trustee, to compel Julius J. Goetz, trustee in bankruptcy, to pay certain tax certificates, etc. From an order of tbe District Court, affirming- an order of the referee denying the relief sought, petitioner appeals. Appellant, named as trustee in a certain mortgage given by the bankrupt, Clark Realty Company, for $150,000, petitioned the court to compel appellee, trustee in bankruptcy of the Clark Realty Company,…
1Opinion of the CourtEvan A. Evans, Circuit Judge
(after stating the facts as above). [1] As the holder of the tax certificates, appellant was, in the absence of any showing of special circumstances barring him from enforcing such a right, entitled to an order directing the payment of such faxes out of the estate of the bankrupt. His right to such payment was not limited to the fund realized out of the rents and profits collected by the trustee from the lands covered by the mortgage. The duty of the trustee to pay the taxes is clearly set forth in section 64a of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat.- 563 [Comp. St. 1936, §…
2Cases cited2 opinions
- Dayton v. StanardSupreme Court of the United States · 1916
- In re Clark Realty Co.Court of Appeals for the Seventh Circuit · 1916
3Cited by8 opinions
- City of New York v. SaperSupreme Court of the United States · 1949
- In Re Co-Build Companies, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re 168 Adams Building CorporationDistrict Court, N.D. Illinois · 1939
- In re MinogueDistrict Court, E.D. New York · 1930
- In re RogersDistrict Court, S.D. California · 1951
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