Legal Opinion

In re Gottfried Baking Co.

District Court, S.D. New York

Decided April 17, 1970No. 65 B 859PublishedCited by 8 opinions

1Opinion of the Court

MANSFIELD, District Judge.

McCauley Graphic Finishing Co., Inc. (“McCauley”) petitions for review of an order of Referee in Bankruptcy Loewenthal denying it recovery of $1,800 allegedly held in trust for it by the bankrupt and directing that McCauley be deemed a general creditor in the sum of $1,800. For the reasons stated below, the matter is remanded.

The $1,800 claim was based upon a deposit in that amount by a tenant with Gottfried Baking Co., Inc. (“Gottfried”) prior to the latter’s bankruptcy. In 1962 McCauley’s predecessor, P. E. O’Brien Finishing Co., Inc. (“O’Brien”), had leased…

2Cases cited4 opinions

  1. Schuyler v. LittlefieldSupreme Court of the United States · 1914
  2. Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960
  3. Sommers v. Timely Toys, Inc.Court of Appeals for the Second Circuit · 1954
  4. In the Matter of Edward S. Smith, Bankrupt. Rothkopt Associates, Inc., Morris Ploscowe, Trustee in BankruptcyCourt of Appeals for the Second Circuit · 1959

3Cited by8 opinions

  1. Savoy Records, Inc. v. Trafalgar Associates (In Re Trafalgar Associates)United States Bankruptcy Court, S.D. New York · 1985
  2. Alioto v. United StatesDistrict Court, N.D. California · 1984
  3. Meoli v. Kendall Electric, Inc. (In Re R.W. Leet Electric, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  4. Kupetz v. United States ex rel. United States Department of Education (In re California Trade Technical Schools, Inc.)Court of Appeals for the Ninth Circuit · 1991
  5. Spinelli v. AtteritanoUnited States Bankruptcy Court, E.D. New York · 1984

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