In re Jarmulowsky
Court of Appeals for the Second Circuit
Petitions to Revise Orders of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Louis Jarmulowsky and Harry Jarmulowsky, doing business under the firm name and style of S. Jarmulowsky’s Bank. The petitions of L. M. Wilson and Benjamin Bortz, which were opposed by Eugene Lamb Richards, as receiver in bankruptcy, were granted (243 Eed. 632), and the receiver petitions to revise.
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Petitions to Revise Orders of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Louis Jarmulowsky and Harry Jarmulowsky, doing business under the firm name and style of S. Jarmulowsky’s Bank. The petitions of L. M. Wilson and Benjamin Bortz, which were opposed by Eugene Lamb Richards, as receiver in bankruptcy, were granted (243 Eed. 632), and the receiver petitions to revise. The appellant in these causes, Mr. Richards, is at once superintendent of banks for the state of New York and receiver in bankruptcy of Jarmulowsky •et…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above), f 1 ] In this matter of general commercial law it is our duty to apply the rules enunciated by the Supreme and other courts of the United States; we are not controlled by state decisions. Railroad Co. v. National Bank, 102 U. S. 14, 26 L. Ed. 61, reaffirming Swift v. Tyson, 16 Pet. 1, 10 L. Ed. 865.
[2] In the absence of any special agreement between these depositors and their bank, the title to the checks would have passed to the bank, and the bank become merely a debtor to the depositor for the amount entered in the passbook. Burton v. United States, 196…
2Cases cited7 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Burton v. United StatesSupreme Court of the United States · 1905
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Cragie v. . HadleyNew York Court of Appeals · 1885
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3Cited by15 opinions
- In Re GubelmanCourt of Appeals for the Second Circuit · 1925
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- Equitable Trust Co. v. RochlingSupreme Court of the United States · 1927
- Palo Alto County v. UlrichSupreme Court of Iowa · 1924
- Illinois Cent. R. Co. v. RawlingsCourt of Appeals for the Fifth Circuit · 1933
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