In re Downing
Court of Appeals for the Second Circuit
Lacombe, Circuit Judge, dissenting. Petition for Revision of Proceedings of the District Court of the United States for the Northern District of New York; George W. Ray, Judge. In the matter of bankruptcy proceedings of Augustus S. Downing.
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Lacombe, Circuit Judge, dissenting. Petition for Revision of Proceedings of the District Court of the United States for the Northern District of New York; George W. Ray, Judge. In the matter of bankruptcy proceedings of Augustus S. Downing. Petition to review an order (192 Fed. 683) authorizing the trustee to sell his interest in certain real estate, together with his right to set aside a fraudulent conveyance of such property by the bankrupt to his wife in alleged fraud of creditors.
1Opinion of the Court
COXE, Circuit Judge.
The order appealed from permits the trus^tee to sell his interest in certain real estate, together with his right to set 'aside-as fraudulent a conveyance of such property by the bankrupt to his wife, in alleged fraud of creditors. The trustee is unable to prosecute a suit for this purpose for he has no funds. . The-.creditors have been asked to contribute, but have declined to do so. The trustee cannot wind up the estate and procure his own discharge with this interest and right of action undisposed of. It is of some value, for he has already received an offer of $301…
2Cited by10 opinions
- Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940
- Citicorp Acceptance Co. v. Robison (In re Sweetwater)Court of Appeals for the Tenth Circuit · 1989
- Webb v. PillsburyCalifornia Supreme Court · 1943
- In Re SweetwaterCourt of Appeals for the Tenth Circuit · 1989
- Casey v. BakerDistrict Court, N.D. New York · 1914
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