Lowell v. Brown
District Court, D. Massachusetts
In Equity. Six separate suits by James A. Lowell and others, as trustees in bankruptcy of Charles Ponzi, against Benjamin Brown, against H. W. Crockford, against Patrick W. Horan, against Prank W. Murphy, against Thomas Powers, and against H. P. Holbrook, to recover preferences paid to defendants.
1Opinion of the Court
ANDERSON, Circuit Judge.
I. These six preference cases, brought by the trustees in bankruptcy of Charles Ponzi, were, by agreement, heard together. They are described by counsel as intended to test, in the Court of Appeals, questions common to many hundred suits now pending and yet to be filed. While they are brought on the equity side of the court, the defendants have not objected that the plaintiffs have a full, adequate, and complete remedy at law. I assume that such objection, if valid, may be waived. Compare Warmath v. O’Daniel, 159 Fed. 87, 86 C. C. A. 277, and cases cited in note *196found…
2Cases cited38 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Crawford v. BurkeSupreme Court of the United States · 1904
- Richardson v. ShawSupreme Court of the United States · 1908
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
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3Cited by12 opinions
- Silverman v. Actrade Capital, Inc. (In Re Actrade Financial Technologies Ltd.)United States Bankruptcy Court, S.D. New York · 2005
- Blue v. United StatesCourt of Appeals for the Sixth Circuit · 1943
- Miller v. Fisk Tire Co.District Court, D. Minnesota · 1926
- In Re Heintzelman Const. Co.District Court, W.D. New York · 1940
- Nichols v. Bank of SyracuseMissouri Court of Appeals · 1925
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