Hewit v. Berlin MacHine Works
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Loren M. Hewit, as trustee in bankruptcy of Ciará'-E. Kellogg, applied to the United States District Court for the Eastern District of New York for an order of sale of certain real estate, buildings and machinery.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Loren M. Hewit, as trustee in bankruptcy of Ciará'-E. Kellogg, applied to the United States District Court for the Eastern District of New York for an order of sale of certain real estate, buildings and machinery. Notice tb creditors was given, and thereafter the Berlin Machine Works, a corporation, filed its petition, praying, on grounds set forth, to be declared the owner of certain machines included in the property and be awarded possession thereof, and that they be exempted from sale, or that it be' determined that the…
1Opinion of the CourtChief Justice Fuller
If the trustee' had carried the case to the Circuit Court of Appeals on petition for supervision and revision under sec tion 245 of the bankruptcy law, the case would have fallen within Holden v. Stratton, 191 U. S. 115, and the appeal to this court would have failed. But he took it there by appeal, though accompanied by . some apparent effort to avail himself also of the other method. And as the Berlin Machine Works asserted'title to the property in the possession of the trustee by an intervention raising a distinct and separable issue, the controversy may be treated as one of those…
2Cases cited7 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- Holden v. StrattonSupreme Court of the United States · 1903
- Cole v. . MannNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Coder v. ArtsSupreme Court of the United States · 1909
- Taylor v. VossSupreme Court of the United States · 1926
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
- Lazarus, Michel & Lazarus v. PrenticeSupreme Court of the United States · 1914
194 more not listed; retrieve them via the Exa API.