In re Samuels
Court of Appeals for the Second Circuit
Petition to Revise and Appeal from the. District Court of the United States for the Southern District of New York. This cause comes here on a petition to review and appeal from an order of the District Court of the United States, Southern District of New York, entered October 14, 1913 (207 Fed. 195). An involuntary petition in bankruptcy was filed on August 6, 1912, against Jacques Samuels and Benjamin Desser individually and as copartners composing the firm of Samuels &…
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Petition to Revise and Appeal from the. District Court of the United States for the Southern District of New York. This cause comes here on a petition to review and appeal from an order of the District Court of the United States, Southern District of New York, entered October 14, 1913 (207 Fed. 195). An involuntary petition in bankruptcy was filed on August 6, 1912, against Jacques Samuels and Benjamin Desser individually and as copartners composing the firm of Samuels & Lesser. The name of the firm was by mistake incorrectly stated in the petition, and was subsequently corrected by a nunc…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The-question which this court must determine in this suit is whether the Bankruptcy Court, in the administration of the estate of a partnership-which has been ^adjudged a bankrupt, has jurisdiction, upon- a petition which does not ask that a third person be adjudged a bankrupt, or allege that he has committed an act of bankruptcy or is insolvent, and which makes no application for his examination concerning the acts, conduct, or property of the bankrupt, to determine whether such, third person is a member of the firm, and if it finds that he is, can…
2Cases cited8 opinions
- Francis v. McNealSupreme Court of the United States · 1913
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- In re ForbesDistrict Court, D. Massachusetts · 1904
- In re StokesDistrict Court, E.D. Pennsylvania · 1901
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3Cited by23 opinions
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- In Re the Drexel Burnham Lambert Group, Inc.United States Bankruptcy Court, S.D. New York · 1991
- Travis v. United StatesCourt of Appeals for the Tenth Circuit · 1941
- Ulmer v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- In re Youroveta Home & Foreign Trade Co.Court of Appeals for the Second Circuit · 1923
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