Legal Opinion

S. B. Huffman, Trustee of the Estate of Newcomb Interests, Inc., a Corporation, Doing Business as Casa Del Rey Hotel, Bankrupt v. Harry A. Farros

Court of Appeals for the Ninth Circuit

Decided February 8, 1960No. 16491_1PublishedCited by 4 opinions

1Opinion of the Court

MAGRUDER, Circuit Judge.

This is a controversy between a trustee in bankruptcy and an alleged equitable owner of a liquor license. We agree with the conclusion of the district court, sitting in review upon an order of a referee in bankruptcy, that the trustee in bankruptcy, on behalf of the creditors of the bankrupt, cannot hold title to the liquor license because he acquired such title subject to a constructive trust in favor of the claimant, appellee herein. 171 F.Supp. 704.

Appellee, Harry A. Farros, had been the proprietor of a business conducted at premises in Santa Cruz, California. As…

2Cases cited2 opinions

  1. Citrigno v. WilliamsCourt of Appeals for the Ninth Circuit · 1958
  2. In re Newcomb Interests, Inc.District Court, N.D. California · 1959

3Cited by4 opinions

  1. in re HamillDistrict Court, D. Kansas · 1970
  2. Hammond v. PasquiniCalifornia Court of Appeal · 1963
  3. In the Matter of Mary Jane Lee, Individually and Doing Business as "The Breakers." O. W. Irwin, Trustee in Bankruptcy v. United StatesCourt of Appeals for the Ninth Circuit · 1972
  4. In the Matter of Mary Jane Lee, Individually and Doing Business as "The Breakers." O. W. Irwin, Trustee in Bankruptcy v. United StatesCourt of Appeals for the Ninth Circuit · 1972

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