Legal Opinion · Dissent

City of New York v. Feiring

Court of Appeals for the Second Circuit

Decided March 17, 1941No. 171Published

1DissentClark, Circuit Judge

I think the amendment of Bankruptcy Act, § 64, sub. a, by the Chandler Act did not lessen the force of New York City v. Goldstein, 299 U.S. 522, 57 S.Ct. 321, 81 L.Ed. 384, for that upheld the city’s claim to priority by merely citing In re Atlas Television Co., 273 N.Y. 51, 6 N.E.2d 94, 96, which had sustained a like priority in state assignment proceedings expressly upon the ground that it was a tax claim. In the Atlas case the court rejected any other basis for priority on the authority of In re Northern Bank of New York, 163 App.Div. 974, 148 N.Y.S. 70, affirmed 212 N.Y. 608, 106 N.E.…

2Cases cited10 opinions

  1. McGoldrick v. Berwind-White Coal Mining Co.Supreme Court of the United States · 1940
  2. Matter of Atlas Television Co.New York Court of Appeals · 1936
  3. Merchants Refrigerating Co. v. TaylorNew York Court of Appeals · 1937
  4. Matter of Kesbec, Inc. v. McGoldrickNew York Court of Appeals · 1938
  5. Matter of Northern Bank of New YorkNew York Court of Appeals · 1914

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