Hoover v. . Greenbaum
New York Court of Appeals
Appeal from order of the General Term of the Supreme. Court in the first judicial department, reversing a judgment in favor of plaintiff" entered upon the report of a referee. (Reported below, 62 Barb., 188.) This action was brought by plaintiff as the assignee in bankruptcy of Elias S. Oppenheimer to recover moneys alleged to have been collected by defendant of said bankrupt in violation of sections 35 and 39 of the bankrupt act.
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Appeal from order of the General Term of the Supreme. Court in the first judicial department, reversing a judgment in favor of plaintiff" entered upon the report of a referee. (Reported below, 62 Barb., 188.) This action was brought by plaintiff as the assignee in bankruptcy of Elias S. Oppenheimer to recover moneys alleged to have been collected by defendant of said bankrupt in violation of sections 35 and 39 of the bankrupt act. The findings of the referee were substantially as follows: That on the 10th day of August, 1868, Elias S. Oppenheimer, then of the State of Nebraska, who was then…
1Opinion of the Court
Reynolds, C.
The appeal is by the plaintiff from an order of the General Term, reversing a judgment entered upon the report of a referee, and ordering a new trial. The order not stating the reversal to have proceeded upon any error of fact, we are to assume it was made for some supposed error of law.
The action was brought by the plaintiff, as the assignee in bankruptcy of one Oppenheimer, to recover from the defendants moneys alleged to have been collected in violation of the thirty-fifth and thirty-ninth sections of the bankrupt act of the United States. Oppenheimer was a merchant in Nebraska…
2Cases cited1 opinion
- Condit v. . BaldwinNew York Court of Appeals · 1860
3Cited by9 opinions
- Poucher v. . BlanchardNew York Court of Appeals · 1881
- Antrobus v. ShermanSupreme Court of Iowa · 1884
- McCarthy v. HughesSupreme Court of Rhode Island · 1913
- Lynch Jewelry Co. v. BassSupreme Court of Alabama · 1929
- Taylor v. Brooklyn Elevated RailroadNew York Court of Appeals · 1890
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