In re Madero Bros.
District Court, S.D. New York
In re Madero Bros., bankrupts. On motion by the trustee in bankruptcy for an order declaring respondent in contempt. Motion by the trustee for an order on the referee’s certificate declaring the respondent to be in contempt under the following circumstances: The trustee, having qualified, delivered goods to the respondent, alleging a contract of sale.
Read the full summary
In re Madero Bros., bankrupts. On motion by the trustee in bankruptcy for an order declaring respondent in contempt. Motion by the trustee for an order on the referee’s certificate declaring the respondent to be in contempt under the following circumstances: The trustee, having qualified, delivered goods to the respondent, alleging a contract of sale. The respondent, on the other hand, asserted that they were delivered only on consignment, to he sold for the trustee’s account, and paid for only in case of such sale, for which reason he refused to pay. The trustee then sued in contract in the…
1Opinion of the CourtEearned Hand, District Judge
(after stating the facts as above). So far as I have found, this is a case of first impression. It is quite true that it is no valid objection to an examination under section 21a that the evidence elicited may be pertinent to a suit pending between *860the trustee and the witness. In re Cliffe (D. C.) 97 Fed. 540, 542. But the objection in the case at bar does not turn on the validity of that objection. The question rather is whether the examination concerns the “acts, conduct and property of the bankrupt”; for, if it does not, then it is not authorized. Certainly it does not touch the acts and…
2Cases cited1 opinion
- In re CliffeDistrict Court, E.D. Pennsylvania · 1899
3Cited by7 opinions
- In Re Good Hope Refineries, Inc.United States Bankruptcy Court, D. Massachusetts · 1981
- In re Youroveta Home & Foreign Trade Co.Court of Appeals for the Second Circuit · 1923
- In re Insull Utility Investments, Inc.District Court, S.D. New York · 1934
- Ullman v. David Blustein & Bro.Court of Appeals for the Second Circuit · 1922
- In re GoodwinDistrict Court, D. Massachusetts · 1930
2 more not listed; retrieve them via the Exa API.