In re Yorkville Coal Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District.Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of the Yorkville Coal Company. Petition by Joseph Tarrulli and another to revise an order directing the delivery of certain wagons by petitioners to the trustee.
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Petition to Revise Order of the District.Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of the Yorkville Coal Company. Petition by Joseph Tarrulli and another to revise an order directing the delivery of certain wagons by petitioners to the trustee. An involuntary petition in bankruptcy was filed against the Yorkville Coal Company on December 21, 1912, and George E. Leonard was appointed receiver and subsequently trustee. An order of adjudication was entered on January 7, 1913. The trustee, about March 3, 1913, moved that the…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The question which comes before this court is whether a bankruptcy court in a summary proceeding to determine whether an adverse claim existed in fact at the time of the filing of a petition in bankruptcy or was simply “colorable,” has a right to pass upon the truthfulness of the witnesses and the weight of the testimony and thus determine the merits of the claim.
The property involved consists of three wagons which the trustee claims as the property of the bankrupt which claim is denied by the petitioners, who assert an adverse title.
[2] It appears from…
2Cases cited3 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Blum v. HouserCourt of Appeals for the Seventh Circuit · 1913
- In re TarboxDistrict Court, D. Massachusetts · 1910
3Cited by23 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- In Re RidingUnited States Bankruptcy Court, D. Utah · 1984
- Benjamin v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1914
- In re MitchellCourt of Appeals for the Second Circuit · 1922
- In re Joseph R. Marquette, Jr., Inc.Court of Appeals for the Second Circuit · 1918
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