In re Searles
District Court, E.D. New York
In the matter of John E. Searles, bankrupt. On motion by the trus tee to require a creditor to pay over a surplus arising from a sale of collateral.
1Opinion of the Court
CHATFTELD, District Judge.
It appears from the papers that the estate of Marcellus Hartley was in the possession of certain collateral, to secure a note for $50,000 given by the bankrupt to the late Marcel-lus Hartley, and held by his executors until some time after the trustee in bankruptcy had been elected. This collateral was sold in accordance with the admitted power of the executors, and realized some $67,685.21, on March 15, 1905, when the total amount of the debt and interest was $63,000.
The estate of Marcellus Hartley also holds an unsecured note given by the bankrupt for $50,000, upon…
2Cases cited6 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Libby v. HopkinsSupreme Court of the United States · 1881
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
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3Cited by6 opinions
- In re AutlerDistrict Court, S.D. New York · 1938
- Brust v. SturrDistrict Court, S.D. New York · 1955
- Gibson v. Central Nat. Bank of McKinneyCourt of Appeals for the Fifth Circuit · 1948
- Bennett v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1917
- Calder v. Bliss Auto Sales Co.Ohio Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.