Legal Opinion

Malone v. Gimpel

District Court, N.D. New York

Decided March 28, 1957No. Civ. 5188PublishedCited by 17 opinions

1Opinion of the Court

BRENNAN, Chief Judge.

The plaintiff in this action seeks the recovery of $10,000, withdrawn by the defendant from a bank account standing in the name of the bankrupt, within four months of its adjudication in bankruptcy.

The plaintiff’s complaint seeks a judgment against the defendant based upon three separate causes of action. The first and third causes of action are similar in that they allege the wrongful withdrawal of funds belonging to the bankrupt by the defendant who at that time was an officer and director of the bankrupt. The second cause of action seeks the recovery of $10,000 upon…

2Cases cited23 opinions

  1. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  2. Cunningham v. BrownSupreme Court of the United States · 1924
  3. Moore v. CrawfordSupreme Court of the United States · 1889
  4. Lightfoot v. . DavisNew York Court of Appeals · 1910
  5. Importers & Traders' National Bank v. PetersNew York Court of Appeals · 1890

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3Cited by17 opinions

  1. In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
  2. New York Credit Adjustment Bureau, Inc. v. Just In-Materials Designs, Ltd. (In Re Vasu Fabrics, Inc.)United States Bankruptcy Court, S.D. New York · 1984
  3. Thunderbird Motor Freight Lines, Inc. v. Penn-Dixie Steel Corp. (In Re Penn-Dixie Steel Corp.)United States Bankruptcy Court, S.D. New York · 1980
  4. Adolph Sonnenschein v. Reliance Insurance Co.Court of Appeals for the Second Circuit · 1965
  5. Engelkes v. Farmers Co-Operative CompanyDistrict Court, N.D. Iowa · 1961

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