Legal Opinion
In the Matter of Sherman Plastering Corporation, Debtor. Sherman Plastering Corporation, the Hanover Insurance Company
Court of Appeals for the Second Circuit
Decided May 26, 1965No. 300, Docket 29269PublishedCited by 11 opinions
1Opinion of the Court
MARSHALL, Circuit Judge.
This appeal, like that reported at 340 F.2d 915 (2 Cir. 1965), involves the Chapter XI arrangement of Sherman Plastering Corporation [Sherman]. Unlike the other appeal, however, our concern is with section 68 1 of the Bankruptcy Act, which allows set-offs against a bankrupt by one of its debtors on condition that the debts are mutual.
On March 15, 1963 Sherman filed a petition for arrangement; and was thereafter permitted to operate its business as a debtor-in-possession. Several years prior to filing its petition, Sherman was engaged as a subcontractor by a Joseph…
2Cases cited6 opinions
- Tucker v. OxleySupreme Court of the United States · 1809
- Gray v. RolloSupreme Court of the United States · 1874
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- In the Matter of Sherman Plastering Corporation, Debtor. Preiss Trading Corporation v. Perini CorporationCourt of Appeals for the Second Circuit · 1965
- Bowen v. ChapmanCourt of Appeals for the Seventh Circuit · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990
- In Re BrittonUnited States Bankruptcy Court, E.D. North Carolina · 1988
- In The Matter Of Diplomat Electric, Inc.Court of Appeals for the Fifth Circuit · 1974
- William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- In Re Flanagan Bros., Inc., DebtorUnited States Bankruptcy Court, D. New Jersey · 1985
6 more not listed; retrieve them via the Exa API.