Legal Opinion

In re Shapiro

Court of Appeals for the Second Circuit

Decided May 9, 1924No. 363PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York, in Bankruptcy.

1Per curiam

The facts, according to their legal effect, are that on the morning of March 17, 1922, the bankrupts received $5,504 for the specific purpose of buying, procuring, and delivering to the giver of the check certain securities. We regard the fact that the check had been delivered two days before, but had not been turned into cash until the date first given, as immaterial. Without fraud on the part of any one, although orders were given for the purchase of these securities, they were not in point of fact purchased by the bankrupts when, on the afternoon of May 17th, this petition was filed. The…

2Cases cited4 opinions

  1. In re BolognesiCourt of Appeals for the Second Circuit · 1918
  2. In re BrownCourt of Appeals for the Second Circuit · 1910
  3. In re TracyDistrict Court, S.D. New York · 1911
  4. In re WettengelCourt of Appeals for the Third Circuit · 1916

3Cited by2 opinions

  1. Securities & Exchange Commission v. Barrett Herrick & Co.District Court, S.D. New York · 1957
  2. Walker v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933

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