Legal Opinion

In Re Magnus Harmonica Corporation

District Court, D. New Jersey

Decided March 4, 1958No. B.700-55PublishedCited by 7 opinions

1Opinion of the Court

MEANEY, District Judge.

The Referee has certified two questions for review.(1) Was error committed in refusing to order a return to the Trustee of overcharges made by Credit Industrial Company prior to December 15, 1955?(2) Was error committed in refusing to allow Credit Industrial Company interest or other charges subsequent to December 15, 1955?

Factual Background

Credit Industrial Company acted as a factor. It obtained an assignment of accounts receivable by Magnus. This agreement exacted a certain percentage of interest daily from Magnus. Credit Industrial overcharged Magnus small amounts on…

2Cases cited24 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  4. Sexton v. DreyfusSupreme Court of the United States · 1911
  5. Manufacturers' Finance Co. v. McKeySupreme Court of the United States · 1935

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3Cited by7 opinions

  1. In Re Continental Vending MacHine Corp. And Continental Apco, Inc., Debtors. James Talcott, Inc. v. Irving L. Wharton, TrusteeCourt of Appeals for the Second Circuit · 1976
  2. Salitan v. MagnusSupreme Court of New Jersey · 1958
  3. Ultra Petro Corp v. Ad Hoc ComCourt of Appeals for the Fifth Circuit · 2022
  4. In re Magnus Harmonica Corp.Court of Appeals for the Third Circuit · 1959
  5. In Re General Stores CorporationDistrict Court, S.D. New York · 1958

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