Acme Distributing Co. v. Collins
Court of Appeals for the Ninth Circuit
1Opinion of the Court
LEMMON, Circuit Judge.
In at least three recent decisions,1 this Court has stressed the principle that a court of bankruptcy is a court of equity. If this pronouncement is to amount to more than a mere succession of words making grammatical sense, it means that the parties in a bankruptcy proceeding should act with uberrima fldes.
In other words, the participants in a bankruptcy suit are to be judged, to borrow the classic prose of Mr. Justice Cardozo, according to standards that are “stricter than the morals of the market place”.2
In the instant case, we do not believe that the bankrupt has met…
2Cases cited15 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Nichols v. MitchellCalifornia Supreme Court · 1948
- Hicks v. ReisCalifornia Supreme Court · 1943
- Fanning v. GreenCalifornia Supreme Court · 1909
- In re CollinsDistrict Court, S.D. California · 1956
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3Cited by5 opinions
- In Re WhiteDistrict Court, N.D. California · 1963
- Chichester v. GoldenDistrict Court, S.D. California · 1962
- Ciambetti v. Department of Alcoholic Beverage ControlCalifornia Court of Appeal · 1958
- Edward Pool v. Commissioner Of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Acme Distributing Company v. John CollinsCourt of Appeals for the Ninth Circuit · 1957