Legal Opinion
In re Interborough Consol. Corp.
Court of Appeals for the Second Circuit
Decided January 16, 1923No. Nos. 9, 10PublishedCited by 107 opinions
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). As this case is brought here both upon petition to revise and upon appeal, we again repeat what we said in Re B. & R. Glove Corporation, 279 Fed. 372, 374, that these two remedies are mutually exclusive, and are not cumulative; and where both are taken, as here, we will dismiss the remedy improperly taken, and decide the case upon the other. Inasmuch as this is a proceeding by creditors of the bankrupt to obtain payment of their coupons out of funds deposited by the bankrupt in the Empire Trust Company, we think this is a controversy arising in bankruptcy…
2Cases cited34 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Walker v. BrownSupreme Court of the United States · 1897
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Barnes v. AlexanderSupreme Court of the United States · 1914
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
29 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Buchanan v. Brentwood Federal Savings & Loan Assoc.Supreme Court of Pennsylvania · 1974
- STATE BY PARSONS v. Standard Oil Co.Supreme Court of New Jersey · 1950
- Carpenter v. Suffolk Franklin Savings BankMassachusetts Supreme Judicial Court · 1973
- Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., BankruptCourt of Appeals for the Second Circuit · 1965
- Bryan, as Admrx. Coconut Grove Bank Tr. Co.Supreme Court of Florida · 1931
102 more not listed; retrieve them via the Exa API.