In re Louis Neuburger, Inc.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Louis Neuburger, Incorporated. Petition by Walter B. Milkman, as assignee of the bankrupt, to revise dn order of the District Court (233 Fed. 701), affirming an order of the referee directing the assignee to account to the District Court.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Louis Neuburger, Incorporated. Petition by Walter B. Milkman, as assignee of the bankrupt, to revise dn order of the District Court (233 Fed. 701), affirming an order of the referee directing the assignee to account to the District Court. On January 11, 1916, Louis Neuburger, Incorporated, a corporation residing in Bronx county, state of New York, made an assignment for the benefit of creditors to one Walter B. Milkman who accepted and at once entered…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1, 2] The assignee for creditors claims that the order- of the District Court requiring him to file his accounts in that court is erroneous. He asserts that he had a right to account to the state court, from which he derived his authority, and he denies the power of the trustee to compel another accounting in the federal court; the matter being res ad-judicata by the action of the state court.
Under the Bankruptcy Act an assignment for the benefit of creditors is in itself an act of bankruptcy. The assignment reniains valid, unless and until an adjudication…
2Cases cited2 opinions
- In Re Watts and SachsSupreme Court of the United States · 1903
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
3Cited by23 opinions
- May v. HendersonSupreme Court of the United States · 1925
- Taylor v. SternbergSupreme Court of the United States · 1935
- In re Diamond's EstateCourt of Appeals for the Sixth Circuit · 1919
- Gamble v. DanielCourt of Appeals for the Eighth Circuit · 1930
- Shannon v. Shepard Manufacturing Co.Massachusetts Supreme Judicial Court · 1918
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