Legal Opinion

In re Gerstenzang

District Court, S.D. New York

Decided October 23, 1933PublishedCited by 4 opinions

1Opinion of the Court

PATTERSON, District Judge.

A refund by the United States due to the bankrupt’s overpayment of customs duties is claimed by the trustee in bankruptcy on the one hand, and by the purchaser of certain property of the bankrupt estate at the final meeting of creditors on the other hand. The matter comes up on review of a ruling by the referee in favor of the trustee. It appears that the dispute arose informally in the course of a meeting called to reopen the estate and to elect a trustee to administer the newly discovered assets, but both parties stipulated on the argument that the matter should be…

2Cases cited3 opinions

  1. Erwin v. United StatesSupreme Court of the United States · 1878
  2. Western Pacific Railroad v. United StatesSupreme Court of the United States · 1925
  3. Bray v. United States Fidelity & Guaranty Co.Court of Appeals for the Fourth Circuit · 1920

3Cited by4 opinions

  1. Stein v. LeibowittCourt of Appeals for the Third Circuit · 1937
  2. In re Pottasch Bros.District Court, S.D. New York · 1935
  3. Lane Industries, Inc. v. United StatesUnited States Court of Claims · 1958
  4. Maxwell Et Ux. v. StewartCourt of Appeals of Tennessee · 1942

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