In re Frazin & Oppenheim
Court of Appeals for the Second Circuit
Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Louis Frazin and Abraham Morton Oppenheim, as partners. On petition of Robert C. Morris, trustee, to review an order of the District Court of the Southern District of New York, confirming a sale of the bankrupt’s assets. No finding of facts appears in the record.
Read the full summary
Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Louis Frazin and Abraham Morton Oppenheim, as partners. On petition of Robert C. Morris, trustee, to review an order of the District Court of the Southern District of New York, confirming a sale of the bankrupt’s assets. No finding of facts appears in the record. The facts hereafter stated, however, are not disputed, and formed the basis of the action of the District Court which is sought to be reviewed in this proceeding. Early in September,…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The question of primary importance in this case is whether an official ap*309praiser of a bankrupt estate may, prior to the filing of the appraisal, purchase property of the estate. The District Judge held that he has a perfect right to become a purchaser, and the correctness of this ruling is presented as a question of law upon this petition for revision.
It is a long-established principle of equity jurisprudence that a trustee cannot become a purchaser of the trust estate. And not only trustees, strictly speaking, but agents’, attorneys, and all persons acting…
2Cases cited4 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Gardner v. . OgdenNew York Court of Appeals · 1860
- King v. RemingtonSupreme Court of Minnesota · 1886
- Tracy v. ColbyCalifornia Supreme Court · 1880
3Cited by25 opinions
- Dickey v. VolkerSupreme Court of Missouri · 1928
- In Re Lucio F. RUSSO, Bankrupt. Avery J. GROSS, Appellant, Cross-Appellee, v. Tina RUSSO, Appellee, Cross-AppellantCourt of Appeals for the Second Circuit · 1985
- Donovan & Schuenke v. SampsellCourt of Appeals for the Ninth Circuit · 1955
- In Re Q.P.S., Inc.United States Bankruptcy Court, W.D. Tennessee · 1989
- Fleet National Bank v. H & D Entertainment, Inc.District Court, D. Massachusetts · 1996
20 more not listed; retrieve them via the Exa API.