Legal Opinion
Marshall v. Roettinger
Court of Appeals for the Sixth Circuit
Decided December 4, 1923No. 3968PublishedCited by 10 opinions
1Opinion of the CourtDonahue, Circuit Judge
(after stating the facts as above). While bankruptcy proceedings are for the protection of all the creditors of the bankrupt without favoritism, nevertheless bankruptcy courts will not hesitate to declare an equitable lien upon specific property or specific funds when it appears that in justice and equity a claimant is entitled thereto, and the fund or property upon which the lien is sought to be imposed can be definitely traced or distinguished with reasonable certainty; but this will not be done to the prejudice of equal or superior equities or legal rights of other creditors.
In this case…
2Cases cited10 opinions
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
- Gage Lumber Co. v. McEldowneyCourt of Appeals for the Sixth Circuit · 1913
- Greif Bros. Cooperage Co. v. MullinixCourt of Appeals for the Eighth Circuit · 1920
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Voltz v. Treadway & MarlattCourt of Appeals for the Sixth Circuit · 1932
- Pittman v. Union Planters Nat. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1941
- Calvin H. East and Joyce E. East v. William W. Crowdus, Receiver of All Assets and Property of Arthur C. Costello and Investment Services, Inc.Court of Appeals for the Eighth Circuit · 1962
- Penn Lumber Co. v. WilsonCourt of Appeals for the Fourth Circuit · 1928
- Ely & Walker Dry Goods Co. v. Adams Mfg. Co.Court of Appeals for the Second Circuit · 1939
5 more not listed; retrieve them via the Exa API.