In re John Osborn's Sons & Co.
Court of Appeals for the Second Circuit
Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of John Osborn’s Sons & Company, Incorporated. On petition of Howard J. M. Cardeza and others as trustees in liquidation to revise an order of the District Court refusing to require the trustee in bankruptcy to pay over to the trustees in liquidation a balance of the funds in his hands.
1Opinion of the Court
WARD, Circuit Judge.
This is a petition to revise an order of the District Court refusing to require the trustee in bankruptcy to pay over to the trustees in liquidation of a bankrupt corporation a balance of funds in his hands. The petition in the District Court alleged that none of the debts of the bankrupt corporation was based upon any contract providing for the payment of interest, but that they were all ordinary debts arising out of the purchase of goods, that the principal of all the indebtedness had been paid in full, and that the ground of the trustee’s refusal to pay over the balance…
2Cases cited12 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- National Bank of the Commonwealth v. Mechanics' National BankSupreme Court of the United States · 1877
- Stewart v. BarnesSupreme Court of the United States · 1894
- People v. . American Loan Trust Co.New York Court of Appeals · 1902
- Wheeler v. . MillarNew York Court of Appeals · 1882
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