Bentley v. Young
District Court, S.D. New York
In Equity. Bill by George F. Bentley, as trustee in bankruptcy of Israel Kruger, against John Young and another. This is a bill in equity to set aside a sale of the bankrupt’s stock of goods made to the defendant Henry Young, and to recover their value. The defendant John Young is joined as the principal in the transaction.
Read the full summary
In Equity. Bill by George F. Bentley, as trustee in bankruptcy of Israel Kruger, against John Young and another. This is a bill in equity to set aside a sale of the bankrupt’s stock of goods made to the defendant Henry Young, and to recover their value. The defendant John Young is joined as the principal in the transaction. The bankrupt, Israel Kruger, had a small retail shoe shop at 2073 Third avenue in the borough of Manhattan, and on Monday, October 30th, went to the auction rooms occupied by the defendant John Young, and there found his son Henry, to whom he offered to sell the whole of…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). I have not the least doubt that a decree should go in this case against Henry Young for the value of these goods. The only doubtful questions are whether John Young was a party to the transaction, and what was the value of the goods.
[1] That Henry Young was chargeable with the duty to investigate further before buying the goods seems to me pretty obvious. Following Houck v. Christy, 152 Fed. 612, 81 C. C. A. 602, I will not say that the rule in Walbrun v. Babbitt, 16 Wall. 577, 21 L. Ed. 489, applies to section 67e of the present act. Any language in Dokken…
2Cases cited3 opinions
- Walbrun v. BabbittSupreme Court of the United States · 1873
- Dokken v. PageCourt of Appeals for the Eighth Circuit · 1906
- Houck v. ChristyCourt of Appeals for the Eighth Circuit · 1907
3Cited by14 opinions
- Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
- First National Bank v. Minnesota Utility Contracting, Inc. (In Re Minnesota Utility Contracting, Inc.)District Court, D. Minnesota · 1990
- Chorost v. Grand Rapids Factory Show Rooms, Inc.Court of Appeals for the Third Circuit · 1949
- Chorost v. Grand Rapids Factory Showrooms, Inc.District Court, D. New Jersey · 1948
- Salomon v. Kaiser (In Re Kaiser)District Court, S.D. New York · 1983
9 more not listed; retrieve them via the Exa API.