Legal Opinion
In re Corson Furniture Co.
District Court, S.D. New York
Decided April 27, 1942PublishedCited by 1 opinion
1Opinion of the Court
CLANCY, District Judge.
This is a petition by the Trustee in Bankruptcy to' review an order of the referee allowing priority to a debt due the State of New York from the bankrupt. Both parties agree that the claim’s priority depends solely upon § 64 sub. a (5) of the Bankruptcy Act, 11 U.S.C.A. § 104, sub. a(5). It is the State’s contention that the Constitution’s delegation of power to Congress to enact bankruptcy laws did not include “the power to take away the common law right of the several states to priority in the payment of its debts.” Further, “the State of New York adopted the common…
2Cases cited10 opinions
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Sloan Shipyards Corp. v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1922
- United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
- Marshall v. New YorkSupreme Court of the United States · 1920
- Van Huffel v. HarkelrodeSupreme Court of the United States · 1931
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Corson Furniture Co.District Court, S.D. New York · 1942