Emil v. Hanley
Court of Appeals for the Second Circuit
1DissentClark, Circuit Judge
I think that, under the express provisions of the Chandler Act, now appearing as Bankruptcy Act, §§ 2, sub. a(21), 69, sub. d, 11 U.S.C.A. §§ 11, sub. a(21), 109, sub. d, as well as by virtue of its policy and purpose, this receiver is subject to the supervision of the bankruptcy court as to his allowances and disbursements. The contrary view is arrived at only by a most violent contraction of the statutory language to make it fit into a framework of supposedly clear prior case law. As will appear from the discussion hereafter, I find the earlier precedents not clear, but highly confused, as…
2Cases cited22 opinions
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- Straton v. NewSupreme Court of the United States · 1931
- In Re Watts and SachsSupreme Court of the United States · 1903
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Prudence Realization Corp. v. GeistSupreme Court of the United States · 1942
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