Legal Opinion
United States v. Fairall
District Court, S.D. New York
Decided December 6, 1926PublishedCited by 20 opinions
1Opinion of the Court
HAND, Circuit Judge.
If it is proper to treat the distributed assets of a dissolved corporation as a trust fund for creditors, plainly there can be no need of getting judgment against the corporation as a condition precedent to a suit like this. Where there is a trust, the creditor may follow the res, without more, Case v. Beauregard, 101 U. S. 688, 25 L. Ed. 1004. That was the theory on which Updike v. U. S., 8 F.(2d) 913 ,(C. C. A. 8), proceeded, and, so far as the doctrine of the trust fund is valid, the result is- inescapable. In spite of the impressive authority back of that doctrine, I…
2Cases cited6 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Updike v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
- Bank of Commerce & Trusts of Richmond v. McArthurCourt of Appeals for the Fifth Circuit · 1919
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3Cited by20 opinions
- Coca-Cola Bottling Co. v. CommissionerUnited States Tax Court · 1962
- Hatch v. Morosco Holding Co.Court of Appeals for the Second Circuit · 1931
- Kuckenberg v. CommissionerUnited States Tax Court · 1960
- Newcomb v. CommissionerUnited States Tax Court · 1955
- United States v. Genevieve RussellCourt of Appeals for the First Circuit · 1957
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