In re Olivit Bros.
District Court, S.D. New York
1Opinion of the Court
PATTERSON, District Judge.
The petitioner, a New York corporation, shows that it is the holder of mortgages on Florida real estate owned by the bankrupt, also a New York corporation, and that the mortgage liens exceed the value of the real estate. It asks leave to commence foreclosure proceedings in the Florida courts against the trustee in bankruptcy. The trustee, opposing the petition, claims that the mortgages are invalid because not consented to by the stockholders of the bankrupt corporation as required by the New York Stock Corporation Law; also, that the petitioner has waived its…
2Cases cited10 opinions
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- Straton v. NewSupreme Court of the United States · 1931
- In re KelloggCourt of Appeals for the Second Circuit · 1903
- In re ZehnerDistrict Court, E.D. Louisiana · 1912
- Saltmarsh v. SpauldingMassachusetts Supreme Judicial Court · 1888
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3Cited by2 opinions
- Central States Life Ins. Co. v. Koplar Co.Court of Appeals for the Eighth Circuit · 1935
- Reeves v. JenkinsSupreme Court of Oklahoma · 1968