In re Franklin Brewing Co.
Court of Appeals for the Second Circuit
Petitions to1 Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of the Franklin Brewing Company, bankrupt. On petitions of the People’s Trust Company to review two orders of the District Court.
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Petitions to1 Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of the Franklin Brewing Company, bankrupt. On petitions of the People’s Trust Company to review two orders of the District Court. The first order directed certain property of the bankrupt to be sold free and clear of the lien of a mortgage; the second confirmed a sale (pursuant to the first order) of the mortgaged personalty, separated and sundered from the realty, the attempted sale of which was set aside. ■ The bankrupt corporation had made a mortgage to a trustee,…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The questions raised as to the order for sale free and clear are suggested by the fact that when order made there was no reasonable likelihood that the mortgaged property would produce, or nearly so, the amount *335of a lien whose validity and existence was denied. It is said that such an order was unlawful.
We have recognized the power of the court sitting in bankruptcy to sell free and clear of liens, and transfer the same to the proceeds of sale (Re Kohl-Hepp Brick Co, 176 Fed. 340, 100 C. C. A. 260; Re Haywood Wagon Co, 219 Fed. 655, 135 C. C. A. 391),…
2Cases cited10 opinions
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Mitchell v. ClarkSupreme Court of the United States · 1884
- In re Union Trust Co.Court of Appeals for the First Circuit · 1903
- In re Haywood Wagon Co.Court of Appeals for the Second Circuit · 1914
- Putnam v. LovelandCourt of Appeals for the First Circuit · 1907
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3Cited by29 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Van Huffel v. HarkelrodeSupreme Court of the United States · 1931
- In Re Central Funding CorporationCourt of Appeals for the Second Circuit · 1935
- Hoehn v. McIntoshCourt of Appeals for the Sixth Circuit · 1940
- Seaboard Nat. Bank v. Rogers Milk Products Co.Court of Appeals for the Second Circuit · 1927
24 more not listed; retrieve them via the Exa API.