Legal Opinion
Chase Nat. Bank of City of New York v. Lyford
Court of Appeals for the Second Circuit
Decided January 23, 1945No. 168PublishedCited by 22 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. The bank contends that, under section 23 of the Bankruptcy Act, 11 U.S. C.A. § 46, no summary proceedings as to the bank balance can be brought against the bank over its objection, because it is, in that respect, an adverse claimant. That contention (which of course relates not to “jurisdiction” but to venue) we consider untenable.
In Alexander v. Hillman, 296 U.S. 222, 56 S.Ct. 204, 210, 80 L.Ed. 192, directors and officers, who had dominated a corporation, filed claims in an equity receivership of the corporation. The receiver then began an ancillary suit in the…
2Cases cited4 opinions
- Alexander v. HillmanSupreme Court of the United States · 1935
- Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
- Brooklyn Trust Co. v. KelbyCourt of Appeals for the Second Circuit · 1943
- Megan v. Continental Illinois Nat. Bank & Trust Co.Court of Appeals for the Seventh Circuit · 1936
3Cited by22 opinions
- Savoie v. Merchants BankCourt of Appeals for the Second Circuit · 1996
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- Savoie v. Merchants BankCourt of Appeals for the Second Circuit · 1996
- S. A. Peters and Timber, Inc., of California v. Kal W. Lines, Trustee in Bankruptcy of the Estate of Snow Camp Logging Co., BankruptCourt of Appeals for the Ninth Circuit · 1960
- Ned Gill v. H. A. Phillips, Trustee of Tinney Produce Company, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1964
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