In re Hollins
Court of Appeals for the Second Circuit
Appeal from and Petition to Revise Order of the District Court of the United States for the Southern District of New York. This cause comes here on appeal from and petition to revise an order of the District Court, Southern District of New York.
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Appeal from and Petition to Revise Order of the District Court of the United States for the Southern District of New York. This cause comes here on appeal from and petition to revise an order of the District Court, Southern District of New York. Petition in bankruptcy was filed.against H. B. Hollins & Co., stockbrokers, on November 13, 1913. Prior to this date they had made the following purchases for customers of Amalgamated Copper stock: On October 25, 1912, for Bamberger, 30 shares; on October 30, 1912, for Duel, 100 shares; on February 25, 1913, for a firm, referred to on the briefs as…
1Opinion of the Court
LACOMBE, Circuit Judge.
Judge Hough apparently made this disposition of the matter, because he was satisfied that the decision of the Supreme Court in Gorman v. Littlefield, 229 U. S. 19, 33 Sup. Ct. 690, *54657 L. Ed. 1047, required him to do so. He did not do so because the 100 shar,es in the box were identified by the testimony, for he says: “for'which particular customer these 100 shares were held does not appear and cannot be ascertained.” Applying what is called the “grain in a bin” theory, he reached the conclusion that all claimants to Copper stock were entitled to share ratably in these 100…
2Cases cited3 opinions
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- In re T. A. McIntyre & Co.Court of Appeals for the Second Circuit · 1910
- Grace v. BurlinghamSupreme Court of the United States · 1910
3Cited by7 opinions
- Sexton v. American Trust Co.Court of Appeals for the Eighth Circuit · 1930
- In re Archer, Harvey & Co.District Court, D. Maryland · 1923
- In re PiersonCourt of Appeals for the Second Circuit · 1916
- In re J. F. Pierson, Jr., & Co.District Court, S.D. New York · 1915
- United States & Mexican Trust Co. v. Kansas City, M. & O. Ry. Co.District Court, D. Kansas · 1917
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