Legal Opinion

Dunkirk Trust Company v. Nicholas L. Schmitt, Trustee of the Estates of Aubrey C. Baldwin and Henrietta D. Baldwin

Court of Appeals for the Second Circuit

Decided May 1, 1963No. 311-313, Dockets 28050-28052PublishedCited by 8 opinions

1Opinion of the Court

HAYS, Circuit Judge.

Dunkirk Trust Company (hereinafter “the bank”) appeals from so much of an order of the United States District Court for the Western District of New York as affirmed an order of the referee in bankruptcy denying appellant’s claim as a secured creditor (11 U.S.C. § 1 (28)) of the estates of Aubrey C. Baldwin and Henrietta D. Baldwin, bankrupts. We affirm the determination of the district court.

The bank’s claim to be a secured creditor of the bankrupts is based upon the following :

Aubrey C. Baldwin was president and a principal stockholder of Baldwin Motors, Inc. which is…

2Cases cited3 opinions

  1. Rindge v. . JudsonNew York Court of Appeals · 1861
  2. Wesselman v. Engel Co.New York Court of Appeals · 1955
  3. Trimline Window Frame, Inc. v. Rural New Yorker, Inc.New York Supreme Court · 1957

3Cited by8 opinions

  1. Sidney Pines v. Warnaco, Inc.Court of Appeals for the Eleventh Circuit · 1983
  2. Central Trust Co. v. Gottermeier Development Co.New York Supreme Court · 1971
  3. Crotona 1967 Corp. v. Vidu Bros.District Court, E.D. New York · 2013
  4. Flexi-Van Leasing, Inc. v. IsaiasDistrict Court, S.D. New York · 1998
  5. Community National Bank v. LoumosMassachusetts Appeals Court · 1978

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