In re Morris
Court of Appeals for the Second Circuit
This cause comes here upon a petition to revise an order of the District Court, Southern District of New York, which denied the motion of petitioners, partners, who are judgment creditors of the bankrupt, for stay of proceedings on his application for discharge. No specifications oi objections to the discharge have been filed.
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This cause comes here upon a petition to revise an order of the District Court, Southern District of New York, which denied the motion of petitioners, partners, who are judgment creditors of the bankrupt, for stay of proceedings on his application for discharge. No specifications oi objections to the discharge have been filed. After adjudication of bankruptcy petitioners recovered judgment against the bankrupt in the City Court, and execution was issued and returned unsatisfied. Thereafter they began an action in the state Supreme Court, on behalf of themselves and all other judgment…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). The petitioners rely upon the decision in Butler v. Baudouine, 84 App. Div. 215, 82 N. Y. Supp. 773; Id., 177 N. Y. 530, 69 N. E. 1121. In that case it was held that a trustee in bankruptcy was not entitled to maintain an action to reach surplus income to which a debtor was entitled under a will, as a judgment creditor would be under Williams v. Thorn, 70 N. Y. 270, Tolles v. Wood, 99 N. Y. 616, 1 N. E. 251, and Wetmore v. Wetmore, 149 N. Y. 520, 44 N. E. 169, 33 L. R. A. 708, 52 Am. St. Rep. 752. If this were still the law it would be a hardship to…
2Cases cited8 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Williams v. . ThornNew York Court of Appeals · 1877
- Tolles v. . WoodNew York Court of Appeals · 1885
- In re Williamsburg Knitting MillDistrict Court, E.D. Virginia · 1911
- In re TiffanyDistrict Court, S.D. New York · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Syracuse Engineering Co. v. HaightCourt of Appeals for the Second Circuit · 1940
- In re Hub Carpet Co.Court of Appeals for the Second Circuit · 1922
- In re Pittsburg-Big Muddy Coal Co.Court of Appeals for the Seventh Circuit · 1914
- In re the Estate of HavemeyerNew York Surrogate's Court · 1926
- Lorenz v. MorganCourt of Appeals for the Second Circuit · 1940
7 more not listed; retrieve them via the Exa API.