Legal Opinion
Irving Trust Co. v. Kaminsky
District Court, S.D. New York
Decided October 6, 1937PublishedCited by 9 opinions
1Opinion of the Court
PATTERSON, District Judge.
The motion is to dismiss six of the seven counts in the amended bill, on the ground that no cause of action is stated.
The suit is brought by the trustee in bankruptcy of one Kaminsky. It is based on section 70 (e) of the Bankruptcy Act, as amended, 11 U.S.C.A. § 110(e), to the effect that “the trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided.” While the first count relates to an alleged transfer in fraud of creditors, it does not charge such a transfer in the usual way. The gist of the charge is…
2Cases cited16 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Corsicana Nat. Bank of Corsicana v. JohnsonSupreme Court of the United States · 1919
- In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
- Adler v. GreenfieldCourt of Appeals for the Second Circuit · 1936
- Dickey v. ThompsonSupreme Court of Missouri · 1929
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
- In Re Pittsburgh Rys. Co.Court of Appeals for the Third Circuit · 1946
- Smith v. Moody (In Re Moody)District Court, S.D. Texas · 1987
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
- Siegel v. Municipal Capital Corp.Court of Appeals for the Second Circuit · 1939
4 more not listed; retrieve them via the Exa API.