Legal Opinion

Newfield v. East River Sav. Bank

Court of Appeals for the Second Circuit

Decided March 24, 1941No. 198PublishedCited by 17 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This appeal presents an interesting question of summary jurisdiction in bankruptcy. It arises upon a petition filed by the trustee in bankruptcy to which the appellee, East River Savings Bank, filed a special appearance and answer denying the referee’s jurisdiction to determine in a summary proceeding the issues of the controversy presented by the petition. The referee ruled in favor of jurisdiction; upon petition for review the District Court set aside his order and dismissed the petition for lack of summary jurisdiction. This appeal followed.

It is conceded that the…

2Cases cited9 opinions

  1. May v. HendersonSupreme Court of the United States · 1925
  2. Silberschein v. United StatesSupreme Court of the United States · 1924
  3. Flanders v. ColemanSupreme Court of the United States · 1919
  4. In Re SchoenbergCourt of Appeals for the Second Circuit · 1934
  5. In Re Pinsky-Lapin & Co.Court of Appeals for the Second Circuit · 1938

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3Cited by17 opinions

  1. Philip I. Palmer, Jr., Trustee for Carl Benjamin Schafer, Bankrupt v. Travelers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1963
  2. Tamasha Town & Country Club v. McAlester Construction Finance Corp.District Court, S.D. California · 1966
  3. Bank of California, National Ass'n v. McBrideCourt of Appeals for the Ninth Circuit · 1943
  4. In the Matter of Welded Construction, Inc., Bankrupt. Ralph H. Coleman, Trustee v. George A. Murdock, David D. Tomb, Charles R. JohnsonCourt of Appeals for the Sixth Circuit · 1964
  5. In the Matter of William Herman Ripp, Bankrupt. Gregory H. Ripp v. Gene J. Fleming, Receiver, and Carl J. Flom, TrusteeCourt of Appeals for the Seventh Circuit · 1957

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