Legal Opinion
In re United Cigar Stores Co. of America
District Court, S.D. New York
Decided May 28, 1934No. 55129PublishedCited by 3 opinions
1Opinion of the Court
PATTERSON, District Judge.
The question is whether attorneys filing a proof of claim in behalf of a creditor against a bankrupt estate have an attorney’s lien on dividends declared on a portion of the claim, as against a surety which has paid such portion of the elaim to the creditor and become the owner of it by subrogation.
The facts are not in dispute. Some years prior to bankruptcy the bankrupt ieased certain real estate in Chicago owned by the Grey estate, agreeing to pay taxes as well as rent. The tax for 1928 was in controversy and part was not paid. To preserve its rights under the…
2Cases cited9 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Matter of HeinsheimerNew York Court of Appeals · 1915
- In re Baxter & Co.Court of Appeals for the Second Circuit · 1907
- Brooks v. Mandel-Witte Co.Court of Appeals for the Second Circuit · 1932
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3Cited by3 opinions
- In Re McCrory Stores CorporationDistrict Court, S.D. New York · 1937
- In re Pathe News, Inc.District Court, S.D. New York · 1967
- Raichle, Moore, Banning & Weiss v. Commonwealth Financial Corp.New York Supreme Court · 1960