In re Emslie
District Court, S.D. New York
In Bankruptcy.
1Opinion of the Court
BROWN, District Judge.
This is an application to stay a suit pending in the state court, brought by Thomas Smith to foreclose a mechanic's lien for $1,700 due under a contract with the bankrupts, iilcd on April 28, 1899. On the next day, April 29th, the bankrupts made a general assignment for the benefit of their creditors; on May 29th an involuntary petition in bankruptcy was hied against them, and bankruptcy was adjudged on August 17th. On August lfith the suit now sought to be sistyed was brought to foreclose the above lien, claiming §1,018, with interest from February 11,1899, to be due.
On…
2Cases cited18 opinions
- West Co. v. LeaSupreme Court of the United States · 1899
- Toof v. MartinSupreme Court of the United States · 1871
- Payne v. . WilsonNew York Court of Appeals · 1878
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
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3Cited by4 opinions
- Holland v. CunliffMissouri Court of Appeals · 1902
- McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931
- Pittsburgh Plate Glass Co. v. VanderbiltNew York Supreme Court · 1911
- McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931