Legal Opinion

In Re I. Greenbaum & Sons Co.

District Court, S.D. New York

Decided November 14, 1933PublishedCited by 7 opinions

1Opinion of the Court

PATTERSON, District Judge.

In a summary proceeding the trustee in bankruptcy of I. Greenbaum & Sons, Inc., asks that an assignee of accounts receivable who took them as collateral security for a loan be required to account for them and to reassign the uncollected ones to the trustee. The validity of the assignment is not questioned. It is insisted, however, that the accounts remained in the “possession” of the bankrupt, with the result that they now are property in custodia legis, and therefore the subject of a summary proceeding. The referee who heard the matter dismissed the petition for…

2Cases cited21 opinions

  1. Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
  2. May v. HendersonSupreme Court of the United States · 1925
  3. Whitney v. WenmanSupreme Court of the United States · 1905
  4. Hebert v. CrawfordSupreme Court of the United States · 1913
  5. In Re BorokCourt of Appeals for the Second Circuit · 1931

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3Cited by7 opinions

  1. M. Rutkin Elect. Sup. Co. v. Burdette Elect.New Jersey Superior Court Appellate Division · 1967
  2. In Re WorrallCourt of Appeals for the Second Circuit · 1935
  3. Schwartz v. HorowitzCourt of Appeals for the Second Circuit · 1942
  4. Creditors Exchange Service, Inc. v. United StatesDistrict Court, S.D. Texas · 1967
  5. Southwestern Lumber Co. of New Jersey v. KerrDistrict Court, S.D. Texas · 1934

2 more not listed; retrieve them via the Exa API.

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