Legal Opinion

In re Lewensohn

Court of Appeals for the Second Circuit

Decided February 25, 1903No. 53PublishedCited by 51 opinions

Petition to Review Order of the District Court of the United States for the Southern District of New York.

1Opinion of the Court

WALLACE, Circuit Judge.

The petition of review presents a question of practice of considerable importance. The order of the court below has sanctioned a proceeding by one of the creditors of the bankrupt, instituted without the concurrence of the trustee, to re-examine the claims of various other creditors which have been proved and allowed. Such a practice, when the estate and the in*539terests of all the creditors are represented by a trustee, does not subserve any necessary purpose, and opens the door to grave abuse. It enables one creditor at his own pleasure to subject any one of the other…

2Cases cited2 opinions

  1. Chatfield v. O'DwyerCourt of Appeals for the Eighth Circuit · 1900
  2. Foreman v. BurleighCourt of Appeals for the First Circuit · 1901

3Cited by51 opinions

  1. Fred Reuping Leather Co. v. Fort Greene Nat. Bank of Brooklyn, N. Y.Court of Appeals for the Third Circuit · 1939
  2. Larson v. First State BankCourt of Appeals for the Eighth Circuit · 1927
  3. Gross v. Russo (In Re Russo)United States Bankruptcy Court, E.D. New York · 1982
  4. In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
  5. In re A. B. Carton & Co.District Court, S.D. New York · 1906

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