In re Adler
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy.
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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy. On petition to review an order of the' District Court for the Southern District of New York denying a motion of the Manhattan Oil Company to vacate and modify an order of said court, dated May 1, 1906, in so far as it stays the said oil company from proceeding to prosecute its action pending against said bankrupt in the Supreme Court of the state of New York.
1Opinion of the Court
COXE, Circuit Judge.
The character of the action in the state 'court must be determined by the pleadings. The complaint alleges: That in February, 1904, the plaintiff, the Manhattan Oil Company, entered into an agreement with the defendant, the bankrupt, whereby he became the factor and agent of the plaintiff for the sale of its oil to the Johns-Manville Company. That the bills were to be made out in the name of the defendant as seller, but upon the receipt of payment he should forthwith pay over to the plaintiff the identical sums received by him, whereupon, and not prior thereto, the…
2Cases cited3 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Crawford v. BurkeSupreme Court of the United States · 1904
- Barrett v. PrinceCourt of Appeals for the Seventh Circuit · 1906
3Cited by22 opinions
- Discount Home Center, Inc. v. Turner (In Re Turner)United States Bankruptcy Court, N.D. Oklahoma · 1991
- Harrison v. DonnellyCourt of Appeals for the Eighth Circuit · 1946
- Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
- In Re HarberCourt of Appeals for the Second Circuit · 1925
- Karger v. OrthSupreme Court of Minnesota · 1911
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