Legal Opinion
In re Fishel
Court of Appeals for the Second Circuit
Decided June 5, 1912No. 230PublishedCited by 13 opinions
Petition to Revise and Appeal from the District Court of the United States for the Southern District of New York. In the matter of Henry W. Fishcl andi another, bankrupts. On petition by the National Discount Company to review, and on appeal by the company from an order of the District Court modifying an order allowing a claim of said petitioner.
1Opinion of the Court
WARD, Circuit Judge.
[1] The National Discount Company is the assignee of certain specified accounts due Eishel, Nessler & Co. as collateral for repayment by them of advances made under an agreement‘dated August 8, 1910, whose sixth alrticle is:
“Sixth.' — The customer agrees to pay to the banker in cash or allow the banker, if it so elects, to retain from any moneys advanced, collected or received upon the accounts of the customer, a commission of 5 per centum on the gross amount of accounts of the customer assigned to the banker, to reimburse the banker for services rendered or to be rendered…
2Cases cited3 opinions
- In re KelloggCourt of Appeals for the Second Circuit · 1903
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Palen v. . JohnsonNew York Court of Appeals · 1872
3Cited by13 opinions
- Noteman v. WelchCourt of Appeals for the First Circuit · 1939
- Kelter v. American Bankers Finance Co.Supreme Court of Pennsylvania · 1932
- In Re PrinceCourt of Appeals for the Second Circuit · 1937
- Ringer v. Virgin Timber Co.District Court, E.D. Arkansas · 1914
- In re MesibovskyCourt of Appeals for the Second Circuit · 1912
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