In re Kalnitzsky Bros. & Oppenheim
District Court, S.D. New York
In Bankruptcy. In the matter of the estate of Kalnitzsky Bros. & Oppenheim, alleged bankrupts. On petition by F. U. Stearns & Co. to refer the cause to a special master to hear and report. This is a petition in bankruptcy to refer a cause to a special master, to hear and report, under the following circumstances: Between June 8 and November 7, 1921, the petitioners sold cotton goods to the alleged bankrupts; the sale being alleged to have been procured by fraud.
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In Bankruptcy. In the matter of the estate of Kalnitzsky Bros. & Oppenheim, alleged bankrupts. On petition by F. U. Stearns & Co. to refer the cause to a special master to hear and report. This is a petition in bankruptcy to refer a cause to a special master, to hear and report, under the following circumstances: Between June 8 and November 7, 1921, the petitioners sold cotton goods to the alleged bankrupts; the sale being alleged to have been procured by fraud. On December 5, 1921, a petition in bankruptcy was filed against the alleged bankrupts and a receiver appointed, into whose…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). In Re Hollins, 229 Fed. 349, 143 C. C. A. 469, and 238 Fed. 787, 151 C. C. A. 637, the property was not in the possession of the receiver when the order of confirmation was signed. This fact was mentioned in each case as a ground for the absence of jurisdiction in the court. The order having restored the bankrupts to their rights and the court not. being in possession, no controversy could be justiciable here. Indeed, there being no adjudication, title had never left the bankrupts, and possession was all that the court ever could have had. The only question…
2Cases cited5 opinions
- In re FrischknechtCourt of Appeals for the Second Circuit · 1915
- In re J. C. Winship Co.Court of Appeals for the Seventh Circuit · 1903
- In re HollinsCourt of Appeals for the Second Circuit · 1916
- In re LarkeyDistrict Court, D. New Jersey · 1914
- In re HollinsCourt of Appeals for the Second Circuit · 1916
3Cited by10 opinions
- Texas Consumer Finance Corp. v. First National City BankDistrict Court, S.D. New York · 1973
- In the Matter of Law Research Service, Inc. v. John Herbert CrookCourt of Appeals for the Second Circuit · 1975
- California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
- In Re KesslerDistrict Court, S.D. California · 1950
- In re Pathe News, Inc.District Court, S.D. New York · 1967
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