In re Zotti
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 against Frank Zotti, trading as Frank Zotti & Co. There was an order of the District Court (178 Fed. 304), reversing a referee’s order directing the European-American Bank in New York to pay to the trustee the amount of checks, and Jesse Watson, as trustee, files a petition for review.
1Opinion of the Court
WARD,- Circuit Judge.
July 14, 1908, at about 4 p. m., a petition in involuntary bankruptcy was filed against Frank Zotti. July 15th Jesse Watson qualified as receiver. On the same day the European-Américan Bank of this city, without any actual notice of the filing of the petition, paid out' of Zotti’s deposit account, amounting to $6,-046.68, checks to the amount of $2,190.70, of which a check for $2,000 was certified at 8:45 a. m. The receiver, having been subsequently elected trustee, made demand on the bank for the whole of Zotti’s deposit, but the bank refused to pay over more than the…
2Cases cited6 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Eyster v. GaffSupreme Court of the United States · 1876
- Bank v. ShermanSupreme Court of the United States · 1880
- Jerome v. McCarterSupreme Court of the United States · 1877
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3Cited by22 opinions
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- In re MichaelisDistrict Court, S.D. New York · 1912
- In re PerpallCourt of Appeals for the Second Circuit · 1921
- Lake v. New York Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1955
- Citizens' Union Nat. Bank v. JohnsonCourt of Appeals for the Sixth Circuit · 1923
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