In re Gulick
District Court, S.D. New York
In the matter of Herbert Gulick. Application for an order enjoining the Gulick-Halle Company from further prosecuting certain actions in the state court between itself as plaintiff and the bankrupt as defendant. This order was obtained -by the bankrupt on February 6, 1911, on the strength of the adjudication ex parte on the voluntary bankruptcy petition filed that day by the petitioner and the schedules thereto annexed.
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In the matter of Herbert Gulick. Application for an order enjoining the Gulick-Halle Company from further prosecuting certain actions in the state court between itself as plaintiff and the bankrupt as defendant. This order was obtained -by the bankrupt on February 6, 1911, on the strength of the adjudication ex parte on the voluntary bankruptcy petition filed that day by the petitioner and the schedules thereto annexed. Motion papers included the amended complaint and answer of only one of the four state court actions, as to which the bankruptcy court was asked to vacate the stay, to recover…
1Opinion of the Court
HAND, District Judge.
I atn by no means certain that I know what was meant in Chapman v. Forsyth, 2 How. 202, 208, 11 L. Ed. 236, by the phrases “express” and “technical” trusts which were alone covered by the act of 1843 (Act Aug. 19, 1811, c. 9, 5 Stat. 440). That case and that distinction has been the rule of construction under the act of 1867 (Act March 2, 1867, c. 176, 14 Stat. 517) in Hennequin v. Clews, 111 U. S. 676, 4 Sup. Ct. 576, 28 L. Ed. 565, and the act of 1898 (Act July 3, 1898, c. 543, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418]) in Crawford v. Burke, 195 U. S. 176, 25 Sup.…
2Cases cited4 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Crawford v. BurkeSupreme Court of the United States · 1904
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Harper v. RankinCourt of Appeals for the Fourth Circuit · 1905
3Cited by13 opinions
- In Re BernardCourt of Appeals for the Second Circuit · 1937
- Congress Financial Corp. v. Levitan (In Re Levitan)United States Bankruptcy Court, E.D. New York · 1985
- Tatum v. LeighSupreme Court of Georgia · 1911
- In Re MetzCourt of Appeals for the Second Circuit · 1925
- Boyd v. ApplewhiteMississippi Supreme Court · 1920
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