Legal Opinion

In re Isaacs

Court of Appeals for the Second Circuit

Decided November 13, 1917No. 31PublishedCited by 8 opinions

Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Moe A. Isaacs, individually, and the firm of Isaacs Bros.' Petition by Morris Jasper to revise an order of the District Court, affirming an order of the referee.

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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Moe A. Isaacs, individually, and the firm of Isaacs Bros.' Petition by Morris Jasper to revise an order of the District Court, affirming an order of the referee. This is a petition to revise an order of the District Court for the Southern District of New York (Judge Mantón presiding), which in turn aifirmod an order of a referee in bankruptcy upon the following facts: On December 2, 1913, the bankrupt Isaacs signed, and the bankrupt firm, Isaacs Bros.,…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). The only question before us is the time at which the value of the security shall be fixed, and so far as we have been able to find that question has been passed upon only in Steinhardt v. National Park Bank, 120 App. Div. 255, 105 N. Y. Supp. 23, where it was held that the time was that at which the creditor sold out the security. With this conclusion we agree. The section fixes two possible ways of realizing the value which must be charged against the claim: The first is by converting the security into cash under the terms of the pledge; the second is “by…

2Cases cited4 opinions

  1. Sexton v. DreyfusSupreme Court of the United States · 1911
  2. Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907
  3. In re DavisCourt of Appeals for the Third Circuit · 1909
  4. Steinhardt v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by8 opinions

  1. In Re O'Gara Coal Co.Court of Appeals for the Seventh Circuit · 1926
  2. Sehon-Stevenson & Co. v. Union Trust Co. of MarylandCourt of Appeals for the Fourth Circuit · 1940
  3. Kest v. BassinCourt of Appeals for the Second Circuit · 1935
  4. Gardner v. Chicago Title & Trust Co.Court of Appeals for the Seventh Circuit · 1926
  5. In re MorganDistrict Court, D. New Jersey · 1930

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