In re A. D. Matthews' Sons, Inc.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of the bankruptcy of A. D. Matthews’ Sons, Incorporated. Petition by John J. Kuhn, trustee, to revise an order of the District Court. The bankrupts kept a department store wherein the Standard Fashion Company conducted a “department.” The fashion company paid rent for floor space in the bankrupts’ premises, and there sold its own goods, by its own clerks.
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Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of the bankruptcy of A. D. Matthews’ Sons, Incorporated. Petition by John J. Kuhn, trustee, to revise an order of the District Court. The bankrupts kept a department store wherein the Standard Fashion Company conducted a “department.” The fashion company paid rent for floor space in the bankrupts’ premises, and there sold its own goods, by its own clerks. The purchasing public bought (so far as it was informed) from the bankrupts. Cash sales went into the general funds of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). That Matthews & Co. agreed to keep the proceeds of fashion company’s sales “in trust” for the latter’s benefit we shall assume, but not decide.
[ 1 ] With such assumption made, the burden of proof was upon the fashion company to clearly trace the proceeds of said sales into “some specific fund or property” in the hands of the trustee in bankruptcy (In re McIntyre, 185 Fed. 96, 108 C. C. A. 543; In re Ennis, 187 Fed. 728, 109 C. C. A. 476; In re Brown, 193 Fed. 24, 113 C. C. A. 348, affirmed as Schuyler v. Littlefield, 232 U. S. 707, 34 Sup. Ct. 466, 58 L.…
2Cases cited6 opinions
- Schuyler v. LittlefieldSupreme Court of the United States · 1914
- American Can Co. v. WilliamsCourt of Appeals for the Second Circuit · 1910
- In re BrownCourt of Appeals for the Second Circuit · 1912
- In re SeeCourt of Appeals for the Second Circuit · 1913
- In re T. A. McIntyre & Co.Court of Appeals for the Second Circuit · 1911
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- In re BolognesiCourt of Appeals for the Second Circuit · 1918
- In re J. C. Wilson & Co.District Court, S.D. New York · 1917
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