Legal Opinion

In re United States Hair Co.

Court of Appeals for the Second Circuit

Decided January 9, 1917No. 111PublishedCited by 6 opinions

Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the United States Hair Company, bankrupt. Petition by J, & W. Seligman & Co. to revise an order of the District Court disallowing the claim of petitioners' as alleged creditors pf the bankrupt. The bankrupt is a New York corporation of which one P. M. Música was president during the occurrences giving rise to this litigation.

Read the full summary

Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the United States Hair Company, bankrupt. Petition by J, & W. Seligman & Co. to revise an order of the District Court disallowing the claim of petitioners' as alleged creditors pf the bankrupt. The bankrupt is a New York corporation of which one P. M. Música was president during the occurrences giving rise to this litigation. He was also a partner in the firm of A. Música & Son, which firm and its several members are likewise adjudicated bankrupts. Música & Son had long…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). Much argument has been devoted to matters considered by us unnecessary to decision; it being our opinion that this case lies within narrow limits.

*705[1] The existing indebtedness (irrespective of that caused by P. M. Musica’s embezzlement) of Musica & Son to the Hair Company constituted a valuable consideration for the transfer of Seligman & Co.’s check to the bankrupt. In Holly v. Domestic, etc., Missionary Society, 92 Fed. 747, 34 C. C. A. 651, Wallace, J., thus summarized the law as recognized in the federal courts on this question:

“He who receives money or…

2Cases cited7 opinions

  1. American Nat. Bank of Nashville v. MillerSupreme Court of the United States · 1913
  2. Nay v. . CurleyNew York Court of Appeals · 1889
  3. Carlisle v. . NorrisNew York Court of Appeals · 1915
  4. Wilson v. PaulyCourt of Appeals for the Sixth Circuit · 1896
  5. Holly v. Domestic & Foreign Missionary Soc. of the Protestant Episcopal Church in the United StatesCourt of Appeals for the Second Circuit · 1899

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

3Cited by6 opinions

  1. United States v. Arthur FromenCourt of Appeals for the Second Circuit · 1959
  2. Blum v. AllenSupreme Court of Louisiana · 1919
  3. Munroe v. HarrimanDistrict Court, S.D. New York · 1935
  4. Stone & Webster Engineering Corp. v. Hamilton Nat. Bank, for Use and Benefit of Employers' Liability Assur. Corp., LimitedCourt of Appeals for the Sixth Circuit · 1952
  5. Stone & Webster Engineering Corp. v. Hamilton Nat. Bank, for Use and Benefit of Employers' Liability Assur. Corp., LimitedCourt of Appeals for the Sixth Circuit · 1952

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API