Bindseil v. Liberty Trust Co.
Court of Appeals for the Third Circuit
On Petition to Revise from the District Cour.t of the United States for the District of New Jersey; J. Warren Davis, Judge. In the matter of the bankruptcy of the Dooner & Smith Company.
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On Petition to Revise from the District Cour.t of the United States for the District of New Jersey; J. Warren Davis, Judge. In the matter of the bankruptcy of the Dooner & Smith Company. Petition of the Eiberty Trust Company to require Nicholas W. Bind-seil, trustee in bankruptcy, to apply in liquidation of its mortgage rents collected between adjudication and sale of the mortgaged property under foreclosure proceedings, was denied by the referee, and on proceedings to review, the referee’s order was reversed, and the trustee was directed to make payment to the petitioner (243 Fed. 984), and…
1Opinion of the Court
WOOLLEY, Circuit Judge.
This is a dispute between a mortgagee and general creditors. It involves the question: Do rents collected from mortgaged premises of a bankrupt between adjudication of bankruptcy and sale under foreclosure proceedings, belong to .the mortgagee (under a claim of deñciency) or to the general creditors of the bankrupt?
The referee found for the general creditors; the District Court, on review, reversed the referee and found for the mortgagee. Its order is before us on petition to revise.
While courts in various jurisdictions regard this question differently, two courts in…
2Cases cited10 opinions
- In re TorchiaCourt of Appeals for the Third Circuit · 1911
- In re BannerDistrict Court, S.D. New York · 1907
- In re Industrial Cold Storage & Ice Co.District Court, E.D. Pennsylvania · 1908
- Fox v. WhartonCourt of Chancery of Delaware · 1878
- Wolf's AppealSupreme Court of Pennsylvania · 1884
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3Cited by32 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- In Re New York, New Haven & Hartford R. Co.Court of Appeals for the Second Circuit · 1945
- Mortgage Loan Co. v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
27 more not listed; retrieve them via the Exa API.