In re Kearney
District Court, N.D. New York
In the matter of William H. Kearney and others, comprising the firm of Kearney Bros., bankrupts. Review of order of C. L. Stone, referee, refusing to. direct the trustee to defend an action in replev-in broug'ht prior to the institution of .proceedings in bankruptcy, and permitting a compromise whereb3r the plaintiff in such action is to retain the goods replevied and which were not reclaimed, and discontinue the action without costs.
1Opinion of the Court
RAY, District Judge.
Prior to the institution of the bankruptcy proceeding's one Charles A.. Shafer brought a replevin action in the Supreme Court of the state of New York to recover certain goods obtained from him by the bankrupt firm on materially false statements made in writing as to their financial condition. The goodls in question, of the value of $3,970, were actually replevied, and, no bond being given, the goods were turned over to Shafer. After bankruptcy proceedings a meeting of creditors on due notice was called and held to determine whether the1 trustee should appear and defend…
2Cases cited2 opinions
- Traders' Bank v. CampbellSupreme Court of the United States · 1872
- Reade v. . WaterhouseNew York Court of Appeals · 1873
3Cited by7 opinions
- Straton v. NewSupreme Court of the United States · 1931
- In Re Central Ice Cream Co.United States Bankruptcy Court, N.D. Illinois · 1986
- In Re Del GrossoUnited States Bankruptcy Court, N.D. Illinois · 1989
- Magill v. Springfield Marine Bank (In Re Heissinger Resources Ltd.)District Court, C.D. Illinois · 1986
- In Re Truscott Boat & Dock Co.District Court, W.D. Michigan · 1950
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