In re Hurlburt Motors, Inc.
District Court, S.D. New York
In Bankruptcy. In the matter of the Hurlburt Motors, Incorporated, alleged bankrupt. On application for dismissal of petition and turning over of assets. A petition in bankruptcy was filed against the respondents on June 15, 1920, and a receiver appointed. The respondents unsuccessfully moved to vacate the receivership, though the receiver was changed.
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In Bankruptcy. In the matter of the Hurlburt Motors, Incorporated, alleged bankrupt. On application for dismissal of petition and turning over of assets. A petition in bankruptcy was filed against the respondents on June 15, 1920, and a receiver appointed. The respondents unsuccessfully moved to vacate the receivership, though the receiver was changed. He has conducted the business at a profit oí some $2,900 pending' the proceedings, which came onjo be heard in the District Court before a jury, which on November^ 29, 1920, found the respondents solvent. They now apply for an order dismissing…
1Opinion of the Court
EEARNED HAND, District judge
(after stating the facts as above). [1] It is settled law in this Circuit: that under circumstances similar to this the costs of administration fall upon the petitioners, regardless of the amount of the bond. In re Lacov, 342 Fed. 960; In re Wentworth Lunch Co., 191 Fed. 821, 112 C. C. A. 335; In re Aschenbach Co., 183 Fed. 305, 105 C. C. A. 517; In re Independent Machine & Tool Co., 251 Fed. 484, 163 C. C. A. 478. It is true that in Re Weissbord (D. C.) 241 Fed. 516, it was held that the relief was limited by the bond given, and reliance was placed upon In re…
2Cases cited12 opinions
- Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
- Texas & Pacific Railway Co. v. Bloom's AdministratorSupreme Court of the United States · 1897
- Bartlett v. Cicero Light, Heat & Power Co.Illinois Supreme Court · 1898
- People ex rel. Port Huron & Gratiot Railway Co. v. JonesMichigan Supreme Court · 1876
- Bither v. ColemanCourt of Appeals for the Seventh Circuit · 1907
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3Cited by3 opinions
- Hyman B. Finkelstein, Samuel Finkelstein and Rifkin and Scharf Corp. v. Keith Fabrics, Inc., D/B/A Mae Fabrics, Alleged BankruptCourt of Appeals for the Fifth Circuit · 1960
- Mintzer v. Arthur L. Wright & Co.District Court, E.D. Pennsylvania · 1959
- In re ElgotDistrict Court, S.D. New York · 1924