Legal Opinion
Lane Bryant, Inc. v. Vichele Tops, Inc. (In Re Vichele Tops, Inc.)
United States Bankruptcy Court, E.D. New York
Decided June 13, 1986No. 1-19-40635PublishedCited by 16 opinions
1Opinion of the Court
OPINION
MARVIN A. HOLLAND, Bankruptcy Judge:
This adversary proceeding seeks an order permitting the recovery of $28,722.60 claimed to be held by the debtor in constructive trust for the plaintiff as the result of a mistaken payment. We hold that the plaintiff is not entitled to recover.
FACTS
In October of 1984 the debtor received from Lane Bryant Corporation (“Lane Bryant”) a check for $28,722.60 payable to the order of Víchele Financial Ltd./Bon Jour Fashion, and deposited it into its regular account at Bank Leumi. Both parties agree that the check had been sent by mistake and that the debtor…
2Cases cited19 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Commissioner v. EngleSupreme Court of the United States · 1984
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Superintendent of Insurance for New York v. Ochs (In re First Central Financial Corp.)Court of Appeals for the Second Circuit · 2004
- In Re Braniff International Airlines, Inc.United States Bankruptcy Court, E.D. New York · 1994
- American Hull Insurance Syndicate v. United States Lines, Inc. (In Re United States Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1987
- Citizens Federal Bank v. Cardian Mortgage Corp. (In Re Cardian Mortgage Corp.)United States Bankruptcy Court, E.D. Virginia · 1990
- First Union National Bank of Florida v. Abbey Financial Corp. (In Re Abbey Financial Corp.)United States Bankruptcy Court, D. Massachusetts · 1996
11 more not listed; retrieve them via the Exa API.