Legal Opinion

In re Irving Whitehouse Co.

District Court, E.D. Washington

Decided July 18, 1923No. 3812Published

1Opinion of the CourtNeterer, District Judge

(after stating the facts as above). [1] Equity will treat alike those similarly situated, In re Toole (C. C. A.) 274 Fed. 342. Creditors of equal equities are in the same class, and the omission of some to make specific claims does not enlarge the rights of such as do make claims (In re Pierson, 233 Fed. 519, 147 C. C. A. 405), since the claimants must recover on the strength of their own title (In re Pierson, supra; Duel v. Hollins, 241 U. S. 523, 36 Sup. Ct. 615, 60 L. Ed. 1143; In re J. C. Wilson & Co. [D. C.] 252 Fed. 631). The securities “lacked individuality, and like fac simile storage…

2Cases cited4 opinions

  1. Duel v. HollinsSupreme Court of the United States · 1916
  2. In re J. C. Wilson & Co.District Court, S.D. New York · 1917
  3. In re TooleCourt of Appeals for the Second Circuit · 1921
  4. In re PiersonCourt of Appeals for the Second Circuit · 1916

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