Legal Opinion

Whitney v. Wenman

District Court, S.D. New York

Decided October 15, 1905PublishedCited by 2 opinions

In Bankruptcy. Suit by a trustee in bankruptcy to follow goods and moneys alleged to have been improperly turned over by the receivers of the same bankrupt estate, before the appointment of the trustee, to the defendants. See Whitney v. Wenman, 198 U. S. 539, 25 Sup. Ct. 778, 49 L. Ed. 1157.

1Opinion of the Court

HOLT, District Judge.

The second plea of the Security Warehousing Company and the third plea of the defendants Wenman, Fish, and Boldt, although worded differently, are substantially identical. They allege as a bar to the maintenance of the action that the receivers of Dresser & Co. filed accounts, in which they credited themselves with the transfers of property and money to the defendants which this suit is brought to recover; that objections were filed to such credits by the trustee, and the objections litigated before the referee; *960and that afterwards an order was entered, by consent of the…

2Cases cited4 opinions

  1. Freeman v. AldersonSupreme Court of the United States · 1886
  2. Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
  3. Hood v. . HoodNew York Court of Appeals · 1881
  4. Butterfield v. SmithSupreme Court of the United States · 1880

3Cited by2 opinions

  1. Barnes v. PatrickWashington Supreme Court · 1934
  2. In re Harbor Stores Corp.District Court, S.D. New York · 1939

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