Legal Opinion
In Re Yale Express System, Inc.
District Court, S.D. New York
Decided July 16, 1965PublishedCited by 18 opinions
1Opinion of the Court
TYLER, District Judge.
The Marine Midland Trust Company of New York (“Marine”) here opposes a motion by the trustee in this Chapter X proceeding to turn over to the debtor certain property alleged to be that of Yale Express System, Inc. (“Yale” or “the debtor”) which Marine has purported to set off under a claim that it is a creditor of Yale.
At the time when this turnover application was originally filed by the trustee, counsel for Marine, citing In re Eakin, 154 F.2d 717, 719 (2d Cir. 1946) and similar cases, took the position that the issues here involved could not be disposed of summarily…
2Cases cited3 opinions
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- Susquehanna Chemical Corp. v. Producers Bank & Trust Co.Court of Appeals for the Third Circuit · 1949
- In Re EakinCourt of Appeals for the Second Circuit · 1946
3Cited by18 opinions
- Teachers'retirement System v. La. St. Employees Retirement SystemSupreme Court of Louisiana · 1984
- Bayer Corp. v. MascoTech, Inc. (In re Autostyle Plastics, Inc.)Court of Appeals for the Sixth Circuit · 2001
- Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 1999
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990
- European American Bank v. Sackman Mortgage Corp. (In Re Sackman Mortgage Corp.)United States Bankruptcy Court, S.D. New York · 1993
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