In re Kelley
District Court, S.D. New York
In Bankruptcy. In the matter of C. Carlton Kelley, bankrupt, in. which Charles A. Marshall was appointed trustee. Separate applications, one by the trustee and the other by the bankrupt, to enjoin the prosecution of a suit in a state court.
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In Bankruptcy. In the matter of C. Carlton Kelley, bankrupt, in. which Charles A. Marshall was appointed trustee. Separate applications, one by the trustee and the other by the bankrupt, to enjoin the prosecution of a suit in a state court. The causes arise on two rulos nisi, one by the trustee in bankruptcy, and the other by the bankrupt, to enjoin the prosecution of a suit in the state court. • The complaint in the state court on which the rules were obtained was filed after the trustee had been appointed and qualified, and alleged as follows: Kelley, the bankrupt, and1 one Knapp made a…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] First, as to the bankrupt: The plaintiff’s right is founded on contract, and, so far as any decree is asked against him personally, it is a dischargeable claim. His right to an injunction pro tanto is unquestionble, and he must have it. As he has by the adjudication lost any interest in the contract with the receivers or in the judgment, ■ he is not a necessary party to the suit. However, if the trustee is a proper party, Kelley is also a proper party, merely as assignor in invitum of the trustee’s interest. In that case, however, the decree must be…
2Cases cited4 opinions
- Orinoco Iron Co. v. MetzelCourt of Appeals for the Sixth Circuit · 1916
- O'Dell v. BoydenCourt of Appeals for the Sixth Circuit · 1906
- In re Hoey, Tilden & Co.District Court, S.D. New York · 1922
- Copeland v. MartinCourt of Appeals for the Fifth Circuit · 1910
3Cited by13 opinions
- Riehle v. MargoliesSupreme Court of the United States · 1929
- In Re HelfandCourt of Appeals for the Second Circuit · 1928
- In Re WorrallCourt of Appeals for the Second Circuit · 1935
- Hale v. CampbellCourt of Appeals for the Eighth Circuit · 1942
- In Re I. Greenbaum & Sons Co.District Court, S.D. New York · 1933
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