In re Fechheimer Fisher Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Fechheimer Fishel Company, bankrupt.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Fechheimer Fishel Company, bankrupt. From an order confirming an order of the. referee postponing the payment of any dividend upon the claim of the estate of Bernard Rothenberg, deceased, until after the claims of general creditors had been paid in full, Albert Dellevie, as sole surviving executor, appeals.' The Fechheimer Fishel Company is a corporation organized under the laws of the state of New York and doing business in the city of New York. Its capital stock was fixed at…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] It is necessary in tiñe first place to determine the real nature of the so-called “debenture bonds” which this corporation issued. The courts have determined that the fact thfit an instrument is called a “bond” is not conclusive as to its character. It is necessary to disregard nomenclature and look to the substance of the thing itself. The distinguishing feature of a bond is that it is an obligation to pay a fixed sum of money with stated interest. The distinguishing feature of stock is that it confers upon its holder a part ownership of the assets of…
2Cases cited23 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- McDonald v. WilliamsSupreme Court of the United States · 1899
- Bartlett v. . DrewNew York Court of Appeals · 1874
18 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
- Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
- Robinson v. WangemannCourt of Appeals for the Fifth Circuit · 1935
- Jewel Tea Co. v. United StatesCourt of Appeals for the Second Circuit · 1937
- Mountain State Steel Foundries, Inc., and v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1960
70 more not listed; retrieve them via the Exa API.