In re L. Popkin & Co.
District Court, S.D. New York
In Bankruptcy. In the matter of the bankruptcy of I,. Popkin & Co., Incorporated. On motion to compel sheriff to deliver possession of personal property.
1Opinion of the Court
MAYER, District Judge.
[1] This is a motion to compel the sheriff to deliver certain property to the receiver herein. The facts, briefly stated, are that the sheriff has made a levy and is in possession of the property of the alleged bankrupt under an execution on a state court judgment. The levy was made prior to the filing of the petition in bankruptcy and the appointment of the receiver in bankruptcy. As yet there has not been an adjudication in bankruptcy. It is well settled that prior to adjudication the sheriff under these circumstances is regarded as an adverse claimant, and cannot be…
2Cases cited2 opinions
- In re AndreCourt of Appeals for the Second Circuit · 1905
- In re W. J. Schmidt & Co.Court of Appeals for the Second Circuit · 1908