Wickwire Spencer Steel Co. v. Kemkit Scientific Co.
New York Court of Appeals
I. The moving affidavit of the trustee in bankruptcy fails to establish any right or title paramount to that of the judgment creditor. {Lockhart v. Garden City Bank & Trust Go., 116 F. 2d 658; Matter of Toms, 101 F. 2d 617.) II. The trustee in bankruptcy, should have pleaded and proved insolvency at the time the third party order was served. (Bankruptcy Act, § 67; U. S. Code, tit. 11, § 107; Fischer v. Pauline Oil Co., 309 U. S. 294; Liberty Natl.
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I. The moving affidavit of the trustee in bankruptcy fails to establish any right or title paramount to that of the judgment creditor. {Lockhart v. Garden City Bank & Trust Go., 116 F. 2d 658; Matter of Toms, 101 F. 2d 617.) II. The trustee in bankruptcy, should have pleaded and proved insolvency at the time the third party order was served. (Bankruptcy Act, § 67; U. S. Code, tit. 11, § 107; Fischer v. Pauline Oil Co., 309 U. S. 294; Liberty Natl. Bank v. Bear, 265 U. S. 365; Matter of Vantine’s Retail Stores, Inc., 43 F. 2d 870; Matter of Delaney, 256 N. Y. 315; Reynolds v. JEtna Life Ins.…
1Opinion of the CourtThacher, J.
On December 23, 1941, the appellant, having theretofore recovered a judgment against Kemkit Scientific Corporation, caused a third party subpoena in proceedings supplementary to judgment to be served upon National City Bank of New York directing it to appear and attend at the City Court of the City of New York. In order to make effective the restraining provisions of section 781 of the Civil Practice Act, a copy of this section was indorsed on the copy of the subpoena served upon the bank.
Upon a petition in involuntary bankruptcy filed December 27, 1941, the judgment debtor was adjudicated a…
2Cases cited4 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Jasper v. . RozinskiNew York Court of Appeals · 1920
- In re Vantine's Retail Stores, Inc.District Court, S.D. New York · 1930
3Cited by31 opinions
- Aspen Industries, Inc. v. Marine Midland BankNew York Court of Appeals · 1981
- Morris Plan Bank of Georgia v. SimmonsSupreme Court of Georgia · 1946
- City of New York v. PanzirerAppellate Division of the Supreme Court of the State of New York · 1965
- Ruvolo v. Long Island Rail RoadNew York Supreme Court · 1965
- United States v. Ruby Luggage Corp.District Court, S.D. New York · 1954
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