In re Breslauer
District Court, N.D. New York
This is a motion for a rule or order directing and compelling A. D. Mather & Co.’s Bank, of Utica, N. Y., to turn over and pay to Edward H. Wells, as trustee of the property, etc., of Alphonse Breslauer, the above-named bankrupt, the sum of $400, being the amount realized by the. sheriff on the sale of a stock of goods belonging to said Breslauer, and which said sheriff paid over, less his fees and expenses, to said bank, and which sale and payment took place after the…
Read the full summary
This is a motion for a rule or order directing and compelling A. D. Mather & Co.’s Bank, of Utica, N. Y., to turn over and pay to Edward H. Wells, as trustee of the property, etc., of Alphonse Breslauer, the above-named bankrupt, the sum of $400, being the amount realized by the. sheriff on the sale of a stock of goods belonging to said Breslauer, and which said sheriff paid over, less his fees and expenses, to said bank, and which sale and payment took place after the institution of proceedings in bankruptcy.
1Opinion of the Court
RAY, District Judge.
On or about July 1, 1902, A. D. Mather & Co.’s Bank, of Utica, N. Y., in an action in the Supreme Court of said state, obtained and duly entered in the clerk’s office of the county of Oneida, N. Y., a judgment against Alphonse Breslauer and Bertha. Breslauer, his mother, for the sum of $1,558.93. On the same day an execution on said judgment was duly issued, and placed in the hands of Lincoln E. Brownell, the sheriff of said county. This execution was placed in the hands of a deputy of said sheriff, who by virtue thereof immediately levied' upon the stock of goods…
2Cases cited11 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Louisville & Nashville Railroad v. EubankSupreme Court of the United States · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- State Bank of Chicago v. CoxCourt of Appeals for the Seventh Circuit · 1906
- Staunton v. WoodenCourt of Appeals for the Ninth Circuit · 1910
- Alexander v. WilsonCalifornia Supreme Court · 1904
- Consani v. BrandonCourt of Appeals for the Ninth Circuit · 1907
7 more not listed; retrieve them via the Exa API.