Legal Opinion

Ginsburg v. Mears

Court of Appeals for the Ninth Circuit

Decided May 24, 1909No. 1,693PublishedCited by 20 opinions

Petition for Revision of Proceedings of the District Court of the United States for the District of Oregon, in Bankruptcy. The J. M. Acheson Company, a mercantile corporation, was, with its expressed consent, duly adjudged a bankrupt on June 2, 1908. Thereafter a receiver was appointed by consent, and all assets of the corporation were turned over to him for the benefit of all the creditors. The receiver was afterwards named as trustee.

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Petition for Revision of Proceedings of the District Court of the United States for the District of Oregon, in Bankruptcy. The J. M. Acheson Company, a mercantile corporation, was, with its expressed consent, duly adjudged a bankrupt on June 2, 1908. Thereafter a receiver was appointed by consent, and all assets of the corporation were turned over to him for the benefit of all the creditors. The receiver was afterwards named as trustee. Among ihe claims filed against the estate was, one by the firm of Ginsburg Bros., of Chicago, who set forth in their petition filed with the referee that the…

1Opinion of the CourtHunt, District Judge

(after stating the facts as above). While the claimants’ petition praying that their claim be allowed as a preferred one is defective in not setting forth with more definiteness facts as to how much of the trust funds alleged to have come into the bankrupt’s hands were used by the bankrupt in payment of its employés and its running expenses, or in paying its other creditors, or in purchasing sundry other goods and merchandise, nevertheless we think the petition is sufficient to show that there was a delivery to the bankrupt by petitioners of certain goods on consignment of the value of…

2Cases cited11 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  3. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  4. City Bank of Hopkinsville v. BlackmoreCourt of Appeals for the Sixth Circuit · 1896
  5. Lowe v. JonesMassachusetts Supreme Judicial Court · 1906

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Elliott v. BumbCourt of Appeals for the Ninth Circuit · 1966
  2. Republic Supply Co. of California v. Richfield Oil Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1935
  3. American Surety Co. of New York v. JacksonCourt of Appeals for the Ninth Circuit · 1928
  4. Titlow v. McCormickCourt of Appeals for the Ninth Circuit · 1916
  5. Salem v. Lawrence Lynch Corp. (In Re Farrell & Howard Auctioneers, Inc.)United States Bankruptcy Court, D. Massachusetts · 1994

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