Legal Opinion

In re Nesto

Court of Appeals for the Third Circuit

Decided February 2, 1921No. 2583PublishedCited by 9 opinions

Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Bankruptcy proceeding against R. Nesto. From an order requiring the payment of the proceeds of certain property to the Connells-Yille Macaroni Company, A. C. Ellis, receiver, appeals.

1Opinion of the Court

WOOEEEY, Circuit Judge.

This case turns on one fact, which— though later controverted by the pleadings — was established by the appellant’s admission. We therefore regard the facts as undisputed.. They are these :

Connellsville Macaroni Company sold R. Nesto a carload of macaroni on credit and consigned it to him at Pittsburgh. The car arrived at Pittsburgh on November 12, 1919. Nesto at once reconsigned the car to R. Ferri at New York, where it arrived on November 20. On the same day an involuntary petition in bankruptcy was-filed against R. Nesto in the District Court of the United States for…

2Cases cited4 opinions

  1. Harris v. . PrattNew York Court of Appeals · 1858
  2. Swafford v. SprattMissouri Court of Appeals · 1902
  3. In re W. A. Paterson Co.Court of Appeals for the Eighth Circuit · 1911
  4. Diehl v. McCormickSupreme Court of Pennsylvania · 1891

3Cited by9 opinions

  1. Pester Refining Co. v. MAPCO Gas Products, Inc. (In Re Pester Refining Co.)United States Bankruptcy Court, S.D. Iowa · 1986
  2. Daniels v. StateCourt of Appeals of Texas · 1984
  3. Estherville Produce Co. v. Chicago, R. I. & P. R.Court of Appeals for the Eighth Circuit · 1932
  4. Banking & Trading Corp. v. Reconstruction Finance Corp.District Court, S.D. New York · 1956
  5. Cashmere Fruit Growers Union v. Great Northern Railway Co.Washington Supreme Court · 1928

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