In re Kornit Mfg. Co.
District Court, D. New Jersey
In the matter of bankruptcy proceedings of the Kornit Manufacturing Company. On petition to review two orders, one directing Charles E. Ellis and Erwin R. Graves to pay over to the trustee $395,-130.77, money alleged to be held by' them belonging to the bankrupt, and the other to pay over $273,110, the amount assessed against them for unpaid shares of stock.
1Opinion of the Court
RELLSTAB, District Judge.
Both of these orders cannot stand. They are based upon the same state of facts, but the findings are variant and inconsistent. The first order directs the payment over of $395,130.77, of which the sum of $371,674.50 is the total receipts from the sale of the capital stock of the bankrupt. To sustain the order as to the latter amount, the referee had to find that the shares so sold by the respondents were the property of such corporation; and, as to the' second, that such stock was owned by them, but not paid for. Either order may, but both cannot, stand.
■ In my…
2Cases cited9 opinions
- Wiswall v. CampbellSupreme Court of the United States · 1876
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
- In re Muncie Pulp Co.Court of Appeals for the Second Circuit · 1905
- In re BlakeCourt of Appeals for the Eighth Circuit · 1906
- In re Royce Dry Goods Co.District Court, W.D. Missouri · 1904
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3Cited by14 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
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- Bachman v. McCluerCourt of Appeals for the Eighth Circuit · 1933
- In re Gottlieb & Co.District Court, D. New Jersey · 1917
- Rabinovitz v. OughtonCourt of Appeals for the Third Circuit · 1937
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