Legal Opinion

In re Progressive Wall Paper Corp.

Court of Appeals for the Second Circuit

Decided January 11, 1916No. 77PublishedCited by 18 opinions

Petition to Revise and Appeal from Order of the District Court of the United States for the Northern District of New York. In the matter of the Progressive Wall Paper Corporation, bankrupt. A petition by Fred FI. Justin, as trustee, for an order requiring the First National Bank of Ballston Spa, N. Y., to turn over to the trustee certain bonds of the corporation, was denied by the District Court (224 Fed. 143), and the trustee appeals and files a petition to revise.

Read the full summary

Petition to Revise and Appeal from Order of the District Court of the United States for the Northern District of New York. In the matter of the Progressive Wall Paper Corporation, bankrupt. A petition by Fred FI. Justin, as trustee, for an order requiring the First National Bank of Ballston Spa, N. Y., to turn over to the trustee certain bonds of the corporation, was denied by the District Court (224 Fed. 143), and the trustee appeals and files a petition to revise. Reversed, and order of the referee affirmed. The Progressive Wall Paper Corporation, hereinafter called the Corporation, is…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above), The trustee in bankruptcy seeks a decree adjudging that certain bonds held by the appellee Bank were unlawfully transferred to it by the bankrupt, and that these bonds do not constitute a lien upon the real property of the bankrupt, and that the Bank be required to return the bonds to his possession. This relief has been refused him in the court below, and he has come into this court asking that the order of the District Judge be reversed, and that the order made by the referee in bankruptcy be affirmed.

[1] At the time these bonds were transferred as…

2Cases cited23 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Elmendorf v. TaylorSupreme Court of the United States · 1825
  3. Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
  4. Nelson v. HubbardSupreme Court of Alabama · 1892
  5. Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889

18 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Davis v. Seneca Falls Mfg. Co.Court of Appeals for the Second Circuit · 1927
  2. Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
  3. Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.District Court, S.D. New York · 1923
  4. American Brake Shoe & Foundry Co. v. New York Rys. Co.District Court, S.D. New York · 1921
  5. Central Lumber Co. v. FallCourt of Appeals of Texas · 1924

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API