In re Brockton Ideal Shoe 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; Learned Hand, Judge. In the matter of the Brockton Ideal Shoe Company, bankrupt. Ancillary petition by Thomas P. Dolan, trustee, to require Ignatz Roth to turn over property. On petition by the trustee for revision of an order sustaining a demurrer to his said petition.
1Per curiam
[1] If the petition contained sufficient allega- . tions that Roth had possession of the goods in question, we think the position of the petitioner would be correct. It would not be necessary, as the memorandum of the District Judge seems to indicate, for him to aver facts from which it would appear that Roth made claim to them and that his claim was a sham. The District Court has jurisdiction to order an officer of a bankrupt corporation to turn over property of such corporation which he holds without himself making any adverse claim to it. It is only when an adverse claim is shown that it…
2Cited by11 opinions
- In Re RidingUnited States Bankruptcy Court, D. Utah · 1984
- In re CondonCourt of Appeals for the Second Circuit · 1913
- In Re M. & M. Mfg. Co.Court of Appeals for the Second Circuit · 1934
- In Re RedbordCourt of Appeals for the Second Circuit · 1924
- In re Joseph R. Marquette, Jr., Inc.Court of Appeals for the Second Circuit · 1918
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