Fifth Nat. Bank of New York v. Lyttle
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by John R. Lyttle, trustee in bankruptcy of the Wills & Marvin Company, against the Fifth National Bank of the City of New York. Judgment for plaintiff, and defendant brings error. This is a suit by a trustee in bankruptcy to recover a preferential payment of $30,500. The defendant is a corporation organized and existing under the laws of the United States of America.
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In Error to the District Court of the United States for the Southern District of New York. Action at law by John R. Lyttle, trustee in bankruptcy of the Wills & Marvin Company, against the Fifth National Bank of the City of New York. Judgment for plaintiff, and defendant brings error. This is a suit by a trustee in bankruptcy to recover a preferential payment of $30,500. The defendant is a corporation organized and existing under the laws of the United States of America. The bankrupt is a corporation organized and existing under the laws of the state of New York. The order of adjudication in…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above).
[1] The right of the District Judge with the consent of the parties to refer the cause to a referee to hear and determine is not controverted. The right is incident to all judicial administration. Newcomb v. Wood, 97 U. S. 581, 24 R. Ed. 1085. The findings of fact made by a referee, where the reference is to hear and determine the action, have the effect of a verdict of a jury. A judgment entered in accordance with his findings and conclusions, if the findings are supported by no evidence, or are clearly against the weight of the evidence, or if the…
2Cases cited7 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Newcomb v. WoodSupreme Court of the United States · 1878
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Heyman v. Third Nat. Bank of Jersey CityDistrict Court, D. New Jersey · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- May v. HendersonSupreme Court of the United States · 1925
- National Labor Relations Board v. Remington Rand, Inc.Court of Appeals for the Second Circuit · 1942
- Demotte v. WhybrowCourt of Appeals for the Second Circuit · 1920
- Thompson-Starrett Co. v. La Belle Iron WorksCourt of Appeals for the Second Circuit · 1927
- Wright v. Seaboard Steel & Manganese Corp.Court of Appeals for the Second Circuit · 1921
13 more not listed; retrieve them via the Exa API.