Legal Opinion

United States v. Gilbert

District Court, S.D. New York

Decided September 20, 1979No. 64 Civ. 3558 (IBC)PublishedCited by 8 opinions

1Opinion of the Court

OPINION

IRVING BEN COOPER, District Judge.

The dispute underlying this case originated in 1962, when Edward M. Gilbert (“Gilbert”), then President of E. L. Bruce Co. (“Bruce”) made an unauthorized withdrawal of approximately $2 million from the coffers of Bruce, to cover his own financial transactions. 1

Subsequently, Gilbert made a full disclosure of these withdrawals to the Board of Directors of Bruce, and on May 28, 1962 (and again on November 5, 1962), Gilbert executed Assignments to Bruce of all his real and personal property (as security for the payment of “loans and advances and/or…

2Cases cited18 opinions

  1. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  2. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  3. Smith v. SperlingSupreme Court of the United States · 1957
  4. American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967
  5. Dery v. WyerCourt of Appeals for the Second Circuit · 1959

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3Cited by8 opinions

  1. Dolori Fabrics, Inc. v. Limited, Inc.District Court, S.D. New York · 1987
  2. J.A. Street & Associates, Inc. v. Thundering Herd Development, Inc.West Virginia Supreme Court · 2011
  3. Kirkcaldy v. Richmond County Board of EducationDistrict Court, M.D. North Carolina · 2002
  4. Cindy's Inc., Formerly Imperial Group, Ltd. v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
  5. First National Bank of Forth Worth v. United StatesCourt of Appeals for the Fifth Circuit · 1981

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