Legal Opinion

In re Lacov

Court of Appeals for the Second Circuit

Decided December 5, 1905No. 9PublishedCited by 19 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York.

1Opinion of the Court

WALLACE, Circuit Judge.

The question presented for review is whether petitioning creditors are liáble for the expenses of a receivership in a case where upon commencing a proceeding against a debtor to have him adjudicated a bankrupt they have applied to the court and obtained the appointment of a receiver of his property, and the proceeding is subsequently dismissed as unfounded; the receiver meanwhile having entered upon his duties, taken charge of the property, and incurred expenses.

There is no express provision in the bankruptcy act, which authorizes the court of bankruptcy to compel…

2Cases cited12 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Richmond v. IronsSupreme Court of the United States · 1887
  3. Highley v. DeaneIllinois Supreme Court · 1897
  4. Knickerbocker v. McKindley Coal & Mining Co.Illinois Supreme Court · 1898
  5. Couper v. ShirleyCourt of Appeals for the Ninth Circuit · 1896

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3Cited by19 opinions

  1. Burnrite Coal Briquette Co. v. RiggsSupreme Court of the United States · 1927
  2. Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
  3. Bither v. ColemanCourt of Appeals for the Seventh Circuit · 1907
  4. In Re St. Lawrence Condensed Milk CorporationCourt of Appeals for the Second Circuit · 1925
  5. In re Charles W. Aschenbach Co.Court of Appeals for the Second Circuit · 1910

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