In re Joseph R. Marquette, Jr., Inc.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of Joseph R. Marquette, Jr., Incorporated, bankrupt. Petition by Joseph R. Marquette, Jr., individually, to revise an- order rendered on petition of the trustee in summary proceedings restraining Marquette from interfering with the sale of certain merchandise, etc.
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Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of Joseph R. Marquette, Jr., Incorporated, bankrupt. Petition by Joseph R. Marquette, Jr., individually, to revise an- order rendered on petition of the trustee in summary proceedings restraining Marquette from interfering with the sale of certain merchandise, etc. The bankrupt corporation succeeded to the business of and was formed by Joseph K. Marquette, Jr., who became its president. Before incorporation Marquette individually became the owner of a considerable quantity…
1Opinion of the CourtHougpi, Circuit Judge
(after stating, the facts as above). The petitioner, Marquette, never submitted himself to the jurisdiction of the court below, but insisted, and still insists, upon his right as an ad*421verse claimant to a plenary suit. The rules regarding this matter laid down by this court for this circuit may for the purposes of this litigation be restated as follows:
[ 1 ] A bankrupt may be summarily ordered to surrender to his trustee any assets of the estate found in his possession, and for failure to obey such order may be committed as for a contempt. In re Schleninger, 102 Fed. 117, 42 C. C. A. 207.
[2,…
2Cases cited6 opinions
- In re KelloggCourt of Appeals for the Second Circuit · 1903
- In re SchlesingerCourt of Appeals for the Second Circuit · 1900
- In re Yorkville Coal Co.Court of Appeals for the Second Circuit · 1914
- In re BaudouineCourt of Appeals for the Second Circuit · 1900
- In re Midtown Contracting Co.Court of Appeals for the Second Circuit · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kreisher v. SpiegelCourt of Appeals for the Second Circuit · 1923
- K. D. Kyle v. Ernest L. Stewart, Trustee of P & M Manufacturing Co., Inc.Court of Appeals for the Fifth Circuit · 1966
- In Re PrinceCourt of Appeals for the Second Circuit · 1937
- B. & O. Highway Transp. Corp. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- 164 East 72nd Street Corp. v. GunderCourt of Appeals for the Seventh Circuit · 1937
10 more not listed; retrieve them via the Exa API.