Legal Opinion

In re Searles

Court of Appeals for the Second Circuit

Decided February 18, 1948No. 128, Docket 20815PublishedCited by 9 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This appeal raises an interesting question concerning the distribution of unclaimed dividends in a bankrupt’s estate closed many years ago.

The facts are as follows: Searles was adjudicated bankrupt in 1901; 12 years later a first and final dividend of 7.04 per cent, was declared on allowed claims; dividend checks totaling $1,445.84 were never presented by the creditors in whose favor they were drawn. In 1915 the trustee paid the unclaimed dividends into court as required by section 66, sub. a of the Act, 11 U.S.C.A. § 106 sub. a, filed his final report and obtained an!…

2Cases cited8 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. In Re Raabe, Glissman & Co.District Court, S.D. New York · 1947
  3. United States v. CochraneCourt of Appeals for the Fifth Circuit · 1936
  4. In re FieldingDistrict Court, W.D. Missouri · 1899
  5. Kayenkay Corp. v. Bank of America Nat. Trust & Savings Ass'nCourt of Appeals for the Second Circuit · 1935

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Richard Leider v. United States, United States Treasury Department, and Paul H. O'neill, Secretary of the TreasuryCourt of Appeals for the Federal Circuit · 2002
  2. Melvin B. Hansen v. United StatesCourt of Appeals for the Eighth Circuit · 1965
  3. In Re Thompson's Estate. Appeal of McGrathCourt of Appeals for the Third Circuit · 1951
  4. Corn Exchange Bank Trust Co. v. Empire Trust Co.Court of Appeals for the Second Circuit · 1953
  5. Application of People of the State of New YorkDistrict Court, S.D. New York · 1956

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