In re Metropolitan Dairy Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New Yo.rk. , . This cause comes here upon appeal from an order of the District Court which awarded a fund of $7,500, in the' possession of the trustee, to the estate as against the appellants, and declared that a mortgage dated June 23, 1913, made by the bankrupt to one Isabelle P. Doyle, and thereafter assigned to the appellants, Devy Bros., was invalid and inoperative as security for, the…
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Appeal from the District Court of the United States for the Eastern District of New Yo.rk. , . This cause comes here upon appeal from an order of the District Court which awarded a fund of $7,500, in the' possession of the trustee, to the estate as against the appellants, and declared that a mortgage dated June 23, 1913, made by the bankrupt to one Isabelle P. Doyle, and thereafter assigned to the appellants, Devy Bros., was invalid and inoperative as security for, the indebtedness therein stated as against the general creditors of the Metropolitan Dairy Company.
1Opinion of the Court
LACOMBE, Circuit Judge.
William F. Doyle was an officer, stockholder, and director of the Metropolitan Dairy Company, which was adjudicated a bankrupt February 12, 1914, on a petition filed in January of that year. In June, 1913, the corporation was in straitened circumstances, needing cash to meet obligations presently due. Whether at the time it was insolvent, or insolvency was imminent, it is not necessary now to decide. The special master found, on uncontradicted evidence, that on June 16, 1913, Doyle tried to borrow $7,500 from Levy Bros, for the corporation, stating that the corporation…
2Cited by8 opinions
- Mary K. Aulick, and Cross-Appellee v. Flournoy L. Largent, Jr., Trustee for Ansel B. Solenberger, Bankrupt, and Cross-Appellant v. Eldridge M. LemleyCourt of Appeals for the Fourth Circuit · 1961
- Lake View State Bank v. JonesCourt of Appeals for the Seventh Circuit · 1917
- Blackwelder v. D'Ercole Enterprises, Inc.District Court of Appeal of Florida · 1963
- In re Paul Delaney Co.District Court, W.D. New York · 1928
- Beaver Park Co. v. HobsonSupreme Court of Colorado · 1929
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