Legal Opinion

In re Berry

Court of Appeals for the Second Circuit

Decided May 22, 1906No. 259PublishedCited by 15 opinions

Petition for Revision of Proceedings of the District Court of the Unite'd States for the Southern District of New York, in Bankruptcy. On petition, filed by the trustees in bankruptcy of Jacob Berry & Co., bankrupts, to review an order of the District Court for the Southern District of New York, dated October 18, 1905, directing said trustees to pay to Raborg & Manice $1,500 and costs from the funds in their hands as trustees.

1Opinion of the Court

COXE, Circuit Judge.

Raborg & Manice, during all the time in question, were brokers on the New York Stock Exchange and Berry & Co., the bankrupts, were also brokers on the Consolidated Stock Exchange, in the same city, and had an active speculative account with Raborg & Manice.

On November 11, 1904, by virtue of a sale of stock made by Raborg & Manice for Berry & Co., the latter received a credit of $2,G<'5 on the books of the former and on the same day the money was paid oyer to Berry & Co. On November 14, 1904, through a mistake of the bookkeeper of Raborg & Manice, the said amount of $2,675,…

2Cases cited3 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
  3. American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895

3Cited by15 opinions

  1. In re BolognesiCourt of Appeals for the Second Circuit · 1918
  2. Knight Newspapers v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1944
  3. First Union National Bank of Florida v. Abbey Financial Corp. (In Re Abbey Financial Corp.)United States Bankruptcy Court, D. Massachusetts · 1996
  4. Lawrence Freight Lines, Inc. v. Transport Clearings-Midwest, Inc. (In Re Transport Clearings-Midwest, Inc.)United States Bankruptcy Court, W.D. Missouri · 1979
  5. Clark Sparks & Sons Mule & Horse Co. v. Americus Nat. BankDistrict Court, S.D. Georgia · 1916

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