Legal Opinion

Murphy v. John Hofman Co.

Supreme Court of the United States

Decided January 4, 1909No. 33PublishedCited by 198 opinions

IN ERROR TO THE COURT OF APPEALS OP THE STATE OP NEW YORK. The facts are' stated in the opinion. The bankrupt’s actual possession of this property at the inception of the bankruptcy, proceedings, and its. delivery thereof to the receiver, as a part of its property, rendered it the duty of the receiver not only to take but to hold the property pending an order of the Federal court as to its disposition. In re Sckermerhorn, 1'6 Am.

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IN ERROR TO THE COURT OF APPEALS OP THE STATE OP NEW YORK. The facts are' stated in the opinion. The bankrupt’s actual possession of this property at the inception of the bankruptcy, proceedings, and its. delivery thereof to the receiver, as a part of its property, rendered it the duty of the receiver not only to take but to hold the property pending an order of the Federal court as to its disposition. In re Sckermerhorn, 1'6 Am. B. R. 507; White v. Schloerb, 178 U. S. 542; S. G-, 4 4-ta. B. R. 178; Sharpe v. Doyle, 102 IJ. S. 686, reversing Doyle v. Sharpe, 74 N. Y. 156; In re Rockford, 10…

1Opinion of the CourtJustice Moody

This is a writ of error to review a final judgment of the Court of Appeals of the State of New York in an action of re-plevin. The writ was allowed to the plaintiff in error, Murphy, but denied to the party joined with him, by the Chief Judge of that court while’ the • record was still in its possession. and before it had been remitted to the Supreme Court, in accordance with the practice of the State. A clear understanding of the questions before this court will be aided by a relation of the facts out of which the litigation arose. Such of them as do not bear upon the Federal questions may…

2Cases cited7 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
  3. White v. SchloerbSupreme Court of the United States · 1900
  4. Whitney v. WenmanSupreme Court of the United States · 1905
  5. Skilton v. . CodingtonNew York Court of Appeals · 1906

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3Cited by198 opinions

  1. Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
  2. Straton v. NewSupreme Court of the United States · 1931
  3. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  4. Coder v. ArtsSupreme Court of the United States · 1909
  5. Lion Bonding & Surety Co. v. KaratzSupreme Court of the United States · 1923

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

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