In re Jacob Berry & Co.
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy. In the matter of Jacob Berry & Co., bankrupts. On petition of James D. Butcher to review an order of the District Court (146 Fed. 623).
1Opinion of the Court
WARD, Circuit Judge.
This is a petition to revise an order of the District Court confirming the report of a special master to the effect that the petitioner had elected to prove against the estate for the value of stock wrongfully hypothecated by the bankrupts, and therefore could not subsequently claim the stock or its profits specifically.
It is to be inferred from the opinion of the Supreme Court in Thomas v. Taggart, 209 U. S. 385, 28 Sup. Ct. 519, 52 L. Ed. 845, that a creditor who does this without making any reservation has finally elected his remedy. In that case, arising out of this…
2Cases cited1 opinion
- Thomas v. TaggartSupreme Court of the United States · 1908
3Cited by15 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1923
- Kalabogias v. GeorgouAppellate Court of Illinois · 1993
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1926
- Issenhuth v. KirkpatrickCourt of Appeals for the Eighth Circuit · 1919
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