Legal Opinion

In re Milne, Turnbull & Co.

District Court, S.D. New York

Decided February 19, 1908PublishedCited by 5 opinions

In Bankruptcy. On petition to review referee’s order appointing a trustee upon failure of a majority of creditors (in number and value) to elect such officer.

1Opinion of the Court

HOUGH, District Judge.

This proceeding is an instance of the truth of the remarks of Judge Thomas in Re Sumner (D. C.) 101 Fed. 224. A receiver being in charge of this estate, the election of a trustee has been prolonged through several sessions of the creditors’ meeting in order to ascertain whether the proxies controlled by one firm of attorneys would or would not be sufficient to determine the selection of a trustee. It is obvious upon the record submitted that the real contest was not between creditors as to who should be the trustee, hut between attorneys as to who should be the counsel…

2Cases cited6 opinions

  1. Whitney v. DresserSupreme Court of the United States · 1906
  2. In re SumnerDistrict Court, E.D. New York · 1900
  3. In re Columbia Iron WorksDistrict Court, E.D. Michigan · 1904
  4. Ryttenberg v. ScheferDistrict Court, S.D. New York · 1904
  5. Mathews v. HardtAppellate Division of the Supreme Court of the State of New York · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In The Matter Of The Colorado CorporationCourt of Appeals for the Tenth Circuit · 1976
  2. In Re Hale Desk Co.Court of Appeals for the Second Circuit · 1937
  3. Matter of a & J Elastic Mills, Inc.District Court, S.D. New York · 1983
  4. IIT v. LamCourt of Appeals for the Tenth Circuit · 1976
  5. In re KnoxCourt of Appeals for the Sixth Circuit · 1915

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