In re Margolies
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the. Eastern District of New York. In the matter of Harry Margolies and Benjamin Kliedman, bankrupts. On petition by Harry Margolies to revise order of District Court.
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Petition to Revise Order of the District Court of the United States for the. Eastern District of New York. In the matter of Harry Margolies and Benjamin Kliedman, bankrupts. On petition by Harry Margolies to revise order of District Court. The bankrupts were adjudicated in January, 3918, and Margolies was discharged on July 18, 1919. Some months later, the estate not being closed, the trustee required Margolies to show cause why an order should not pass requiring him to turn over to said trustee the smn of ,$6,812.32, alleged to be or to represent the value of property concealed and withheld…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The order complained of is plainly interlocutory, for the petitioner has as yet been required neither to pay nor perform; the trustee is given leave to prove his case — nothing more. It is also in a sense discretionary, for the court might have considered (as has often occurred in similar cases) that the certain expense of the proposed investigation outweighed probable gain.
[1] We have pointed out that under the statute discretionary orders can be revised only, for abuse of discretion, which is error of law (In re Weidenfeld, 254 Fed. 680, 166 C. C. A. 175)…
2Cases cited19 opinions
- In re HarperDistrict Court, N.D. New York · 1910
- In re SchlesingerCourt of Appeals for the Second Circuit · 1900
- In re ChandlerCourt of Appeals for the Seventh Circuit · 1905
- In re HughesCourt of Appeals for the Second Circuit · 1919
- In re HollinsCourt of Appeals for the Second Circuit · 1916
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Columbia Foundry Co. v. LochnerCourt of Appeals for the Fourth Circuit · 1950
- In Re Hotel Governor Clinton, Inc.Court of Appeals for the Second Circuit · 1939
- In re HavensCourt of Appeals for the Second Circuit · 1921
- Texas & N. O. R. Co. v. PhillipsCourt of Appeals for the Fifth Circuit · 1954
- Quinn v. GardnerCourt of Appeals for the Eighth Circuit · 1929
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