Legal Opinion
Rabinovitz v. Oughton
Court of Appeals for the Third Circuit
Decided September 28, 1937No. 6202PublishedCited by 9 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
This is an appeal from a final decree of the District Court ordering the appellant to turn over $23,150 as part of the estate of the bankrupt to the appellee, trustee in bankruptcy.
There are two questions involved. The first one is whether or not the appellant’s claim was adverse or merely colorable. The District Court held that it was merely colorable and in summary proceedings made the turnover order. If it was adverse, the court erred, and the trustee had to proceed by means of a plenary suit.
The appellant was president and owner of 95 per cent, of the stock of Romley…
2Cases cited6 opinions
- May v. HendersonSupreme Court of the United States · 1925
- Curran v. ArkansasSupreme Court of the United States · 1853
- Drury v. CrossSupreme Court of the United States · 1869
- Boyle v. GrayCourt of Appeals for the First Circuit · 1928
- In re Kornit Mfg. Co.District Court, D. New Jersey · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Francis Shunk Brown 3rd Esq. Trustee in Bankruptcy for I. J. Knight Realty Corp. v. Presbyterian Ministers Fund, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1973
- Governor Clinton Co. v. KnottCourt of Appeals for the Second Circuit · 1941
- K. D. Kyle v. Ernest L. Stewart, Trustee of P & M Manufacturing Co., Inc.Court of Appeals for the Fifth Circuit · 1966
- In re Kansas City Journal-Post Co.District Court, W.D. Missouri · 1943
- Lunsford v. HaynieCourt of Appeals for the Fifth Circuit · 1949
4 more not listed; retrieve them via the Exa API.