In re Oswegatchie Chemical Products Corp.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Northern District of New York. In the Matter of the Oswegatchie Chemical Products Corporation, hankrupt. The Abbott Factory, Inc., appeals from an order of the District Court denying a lien. In January, 1916, the Abbott Factory, Inc., was, and still is, a corporation.
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Appeal from the District Court of the United States for the Northern District of New York. In the Matter of the Oswegatchie Chemical Products Corporation, hankrupt. The Abbott Factory, Inc., appeals from an order of the District Court denying a lien. In January, 1916, the Abbott Factory, Inc., was, and still is, a corporation. It then owned certain land and the buildings thereon erected in Gouverneur, N. Y. The shares of the Factory, Inc., were all owned by J. Henry Abbott, his son, Arthur TI. Abbott, and a cousin. At tbe time first above stated the bankrupt (Oswegatchie, etc., Company) was…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The property affected by the mortgage, and to which the asserted lien attached, was in the possession of the trustee in bankruptcy. Under such circumstances this court has held that the jurisdiction of the referee existed and could be asserted in a summary proceeding. In re Kellogg, 121 Fed. 333, 57 C. C. A. 547. The point is that the property was in the trustee’s possession and required administration like other property; therefore no plenary suit was necessary, and this proceeding was within the exception pointed out in the Kellogg Case, and again in…
2Cases cited14 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Weidhorn v. LevySupreme Court of the United States · 1920
- In re KelloggCourt of Appeals for the Second Circuit · 1903
- Slide & Spur Gold Mines v. SeymourSupreme Court of the United States · 1894
- In re Seward Dredging Co.Court of Appeals for the Second Circuit · 1917
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3Cited by7 opinions
- Straton v. NewSupreme Court of the United States · 1931
- In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
- Dugan v. LoganCourt of Appeals of Kentucky (pre-1976) · 1929
- In re Hoover-McClintock Motor Car Co.District Court, W.D. Tennessee · 1924
- In re Olivit Bros.District Court, S.D. New York · 1932
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