Legal Opinion · Dissent

Rowe v. Drohen

Court of Appeals for the Second Circuit

Decided November 26, 1919No. 5Published

Appeal from the District Court of the United States for the Western District of New York. Bill of Murle I,. Rowe, as trustee of James h. Drohen, bankrupt, against James I,. Drohen and Mabel R. Drohen, his wife. From a decree dismissing the bill (245 Fed. 684), complainant appeals.

1DissentRogers, Circuit Judge

I do not concur in the conclusion which my Associates have reached.. The trustee in bankruptcy of James E. Drohen is, in my opinion, entitled to make available to the creditors certain assets which stand in the name of the bankrupt’s wife.

The claim is that the wife in 1907 began the moving picture business in the Bijou Theater in Dunkirk in December, 1906, and that her husband acted as her agent in its management. The husband at that time was insolvent; a judgment having been entered against him on April 23, 1906, in the sum of $10,723.30, which still remains wholly unpaid. In addition to…

2Cases cited25 opinions

  1. Seitz v. MitchellSupreme Court of the United States · 1877
  2. Knapp v. . SmithNew York Court of Appeals · 1863
  3. Montgomery Web Co. v. Dienelt, Pennsylvania Court of Common Pleas, Montgomery County1890
  4. Bodine v. . KilleenNew York Court of Appeals · 1873
  5. Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891

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