Legal Opinion

In re Mertens

Court of Appeals for the Second Circuit

Decided November 28, 1905No. 1,430PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Northern District of New York. This cause comes here upon petition to review an order of the District Court, Northern District of New York, confirming a report of a special master, overruling exceptions to the same, and adjudging that certain poli-' cies of insurance upon the life of Jacob M. Mertens (one of the members of the bankrupt firm of “J. M. Mertens & Co.”), and all the rights, title, and interest of said…

Read the full summary

Appeal from the District Court of the United States for the Northern District of New York. This cause comes here upon petition to review an order of the District Court, Northern District of New York, confirming a report of a special master, overruling exceptions to the same, and adjudging that certain poli-' cies of insurance upon the life of Jacob M. Mertens (one of the members of the bankrupt firm of “J. M. Mertens & Co.”), and all the rights, title, and interest of said Mertens in and to said policies, and the rights, powers, and property represented thereby, have passed to, and are the…

1Per curiam

In conformity with the views expressed by the Supreme Court in First Nat. Bank v. Chicago Title & Trust Co., 198 U. S. 288, 25 Sup. Ct. 693, 49 L. Ed. 1051, the appeal must be dismissed, since the order sought to be reviewed was a mere step in bankruptcy proceedings proper, and no controversy arising out of the settlement of the bankrupt’s estate of the sort presented in Hewit v. Berlin Machine Works, 194 U. S. 296, 24 Sup. Ct. 690, 48 L. Ed. 986, was disposed of by the action of the court below. The jurisdiction of this court is confined, in cases like the present, to revision in matter of…

2Cases cited6 opinions

  1. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  2. Holden v. StrattonSupreme Court of the United States · 1905
  3. First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
  4. In re WellingCourt of Appeals for the Seventh Circuit · 1902
  5. In re McKinneyDistrict Court, S.D. New York · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In re WhiteCourt of Appeals for the Second Circuit · 1909
  2. In re PerpallCourt of Appeals for the Second Circuit · 1921
  3. Neuberger v. FelisSupreme Court of Alabama · 1919
  4. Henkin v. FousekCourt of Appeals for the Eighth Circuit · 1917
  5. In re ShidlovskyCourt of Appeals for the Second Circuit · 1915

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API