Legal Opinion
Benjamin Brownstein, Successor Trustee-Appellant v. Aluminum Reserve Corp.
Court of Appeals for the Second Circuit
Decided May 27, 1957No. 301, Docket 24450PublishedCited by 5 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
This is an appeal from Judge Mc-Gohey’s affirmance of a bankruptcy referee’s refusal to adjudge “null and void” payments totalling $13,000 made by the debtor of the bankrupt. The checks in payment were drawn to the order of the trustee’s attorney and to his law firm and the attorney misappropriated the funds.
Charles T. Nager, the bankrupt’s first trustee, commenced an action on behalf of the bankrupt against Aluminum Reserve Corp. Nager had retained A. Alan Reich, the senior member of Reich, Peller, Guadagno & Caine, as his attorney, and proper orders of retention had…
2Cases cited5 opinions
- Larson v. First State BankCourt of Appeals for the Eighth Circuit · 1927
- Honadle v. StaffordNew York Court of Appeals · 1934
- F. P. Newport v. Paul W. Sampsell, Trustee in Bankruptcy for the Estate of F. W. Newport Corporation, Ltd., BankruptCourt of Appeals for the Ninth Circuit · 1956
- In re HowardDistrict Court, N.D. California · 1904
- McCoy v. BarclayAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by5 opinions
- Gamalski v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1990
- Dobbins v. National Union InsuranceCivil Court of the City of New York · 1972
- Moss v. Standard Brands, Inc.Civil Court of the City of New York · 1971
- Feldman v. Trans-East Air, Inc.District Court, E.D. New York · 1973
- Gardi v. Jana Partners LLC (In Re Dreier LLP)United States Bankruptcy Court, S.D. New York · 2011