Ball v. Improved Property Holding Co. of New York
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Creditors’ hill by Alwin Ball, Jr., against the Improved' Property Holding Company of New York, together with ancillary dependent bills by the Empire Trust Company, as trustee, against the Improved Property Holding Company of New York and others.
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Appeal from the District Court of the United States for the Southern District of New York. Creditors’ hill by Alwin Ball, Jr., against the Improved' Property Holding Company of New York, together with ancillary dependent bills by the Empire Trust Company, as trustee, against the Improved Property Holding Company of New York and others. A receiver was appointed, and Eliza L. Parsons.and others, trustees under the last will and testament of William Barclay Parsons, deceased, and others, and Eliza E. Parsons and others individually, filed objections to the account of the receiver. From an order…
1Opinion of the Court
LEARNED HAND, District
Judge (after stating the facts as above). [1] Among the creditors of a receiver we see no reason why either the lessors or the certificate holders should enjoy a priority unless some such was established by the court. We are not dealing with a public service corporation (Texas Co. v. Int. & G. North Co., 237 Fed. 921, 150 C. C. A. 571), and unless it appears that the court meant to postpone the certificate holders to the lessors, or vice versa, we can see no reason upon the hare origin of their claims why either should step ahead of the other. We recognize no difference…
2Cases cited13 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- Durand & Co. v. Howard & Co.Court of Appeals for the Second Circuit · 1914
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- In Re Delaware Hosiery Mills, Inc. Appeal of Northwestern Nat. Bank in PhiladelphiaCourt of Appeals for the Third Circuit · 1953
- Reconstruction Finance Corp. v. Missouri-Kansas-Texas R. Co.Court of Appeals for the Eighth Circuit · 1941
- Rhode Island Hospital Trust Co. v. S. H. Greene & Sons Corp.Supreme Court of Rhode Island · 1929
- Kennebec Box Co. v. O. S. Richards Corp.District Court, E.D. New York · 1923
2 more not listed; retrieve them via the Exa API.