In re Jarmulowsky
Court of Appeals for the Second Circuit
Petition to Revise Order of the Distriit Court of the United States for the Southern District of New YorR In the matter of Harry Jarmulowsky and Rouis Jarmulowsky, individually and as copartners under the firm name and style of S. Jar-mulowsky. From an order granting- the application of Reib Spector for payment of a preferred claim, the trustee appeals. ’ The bankrupts were private bamceis, a business in part regulated by statute in the state of New York.
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Petition to Revise Order of the Distriit Court of the United States for the Southern District of New YorR In the matter of Harry Jarmulowsky and Rouis Jarmulowsky, individually and as copartners under the firm name and style of S. Jar-mulowsky. From an order granting- the application of Reib Spector for payment of a preferred claim, the trustee appeals. ’ The bankrupts were private bamceis, a business in part regulated by statute in the state of New York. On tt> day before they suspended business and passed into the hands of the stab superintendent of banking (and thence into bankruptcy),…
1Opinion of the Court
PER CURLvm.
f 1 ] That the Jamrulowskys in receiving this money acted in a fiduciary capacity, and that the person intrusting such money to them tnuy on tracing the same into the possession of the trustee in bankruptcy reí-,.ft it in solido, is sufficiently shown by our recent decision in Re 254 Fed. 770, - C. C. A. _.
As to the statute"relied j,.. may paral out that there is in this record no evidence wliatevra- that ike bankrupts ever deposited any securities with the superintendent of 'banks or possessed any investments of the kind contemplated by the act; but, assuming the existence of such…
2Cases cited1 opinion
- In re BolognesiCourt of Appeals for the Second Circuit · 1918
3Cited by7 opinions
- John L. Walker Co. v. AldenDistrict Court, E.D. Illinois · 1934
- In re BajardiCourt of Appeals for the Second Circuit · 1926
- Great Atlantic & Pacific Tea Co. v. Citizens' Nat. BankDistrict Court, W.D. Pennsylvania · 1932
- In re BajardiDistrict Court, S.D. New York · 1925
- In re GubelmanCourt of Appeals for the Second Circuit · 1925
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