Legal Opinion

In re Gottlieb

Court of Appeals for the Second Circuit

Decided December 10, 1919No. 69PublishedCited by 11 opinions

Appeal from, the District Court of the United States for the Eastern District of New York. In the matter of Lewis Gottlieb, bankrupt. From an order confirming a composition, the Roxford Knitting Company appeals. Gottlieb was a merchant in a suburban town on Long Island. In the spring of 1918 he made a statement in writing to Roxford Company, “for the purpose of obtaining credit and inducing [it] to sell [him] merchandise,” as the document signed by Gottlieb declares.

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Appeal from, the District Court of the United States for the Eastern District of New York. In the matter of Lewis Gottlieb, bankrupt. From an order confirming a composition, the Roxford Knitting Company appeals. Gottlieb was a merchant in a suburban town on Long Island. In the spring of 1918 he made a statement in writing to Roxford Company, “for the purpose of obtaining credit and inducing [it] to sell [him] merchandise,” as the document signed by Gottlieb declares. This statement sitec-ified (as of January 1, 1918): Total assets of. $21,582.39 Of which merchandise on hand “at actual cost”…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1] The motion to dismiss is based on Field v. Wolf, 120 Fed. 815, 57 C. C. A. 326. The appeal record in that case shows an objection filed to a composition, alleging that it was not for the “best interests of the creditors,” because (in substance) the bankrupts were well able to pay more than the offered amount, which fact they had concealed, or tried to, by a system of bookkeeping obnoxious to the statute.1 The evidence *732in that record is principally (but not wholly) devoted to showing that the bankrupts had or controlled far more property than they had…

2Cases cited14 opinions

  1. United States ex rel. Adler v. HammondCourt of Appeals for the Sixth Circuit · 1900
  2. In re WestonCourt of Appeals for the Second Circuit · 1913
  3. Marshall Field & Co. v. Wolf & Bro. Dry Goods Co.Court of Appeals for the Eighth Circuit · 1903
  4. In re GarrityCourt of Appeals for the Second Circuit · 1917
  5. In re GarrisonCourt of Appeals for the Second Circuit · 1906

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In Re BrannerCourt of Appeals for the Second Circuit · 1925
  2. In Re Lilyknit Silk Underwear Co.Court of Appeals for the Second Circuit · 1934
  3. Shanberg v. SaltzmanCourt of Appeals for the First Circuit · 1934
  4. In Re GurneyCourt of Appeals for the Second Circuit · 1934
  5. Fleischmann & Devine, Inc. v. Saul Wolfson Dry Goods Co.Court of Appeals for the Fifth Circuit · 1924

6 more not listed; retrieve them via the Exa API.

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