In re Mercedes Import Co.
Court of Appeals for the Second Circuit
Petition to Review Order of the District Court of the United States for the Southern District of New York. The. following is the opinion of Hough, District Judge, to review which the petition was filed: The language of section 11 of the bankruptcy act (Act July 1, 1898, c. 541, 80 Stat. 549 [U. S. Comp.
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Petition to Review Order of the District Court of the United States for the Southern District of New York. The. following is the opinion of Hough, District Judge, to review which the petition was filed: The language of section 11 of the bankruptcy act (Act July 1, 1898, c. 541, 80 Stat. 549 [U. S. Comp. St. 1901, p. 8426]), regarding stays after adjudication is permissive, and it seems to me that this is enough to require the court to examine into the equities of any application made under this part of the section in question. The language of the bond given by the Mercedes Company to secure…
1Opinion of the Court
WARD, Circuit Judge.
In the year 1906 Smith & Mabley, Incorporated, brought suits against the Mercedes Import Company, both in New York and New Jersey, taking out an attachment on property of defendant in the latter state. The parties subsequently stipulated that these actions should be discontinued and one action brought in New York to cover all claims, in which the Mercedes Company should give the Smith Company a bond conditioned for the payment of any judgment it might recover. November 7, 1906, this new action was *429begun in the Supreme Court of the state of New York. On November 9th the…
2Cases cited4 opinions
- Hill v. HardingSupreme Court of the United States · 1889
- King v. Will J. Block Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Astoria Silk Works v. Plymouth Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
- In re RosenthalDistrict Court, S.D. New York · 1901
3Cited by8 opinions
- Grand Union Equipment Co. v. LippnerCourt of Appeals for the Second Circuit · 1948
- Brown v. Four-In-One Coal Co.Court of Appeals for the Sixth Circuit · 1923
- In re RosensteinCourt of Appeals for the Second Circuit · 1921
- In re Federal Biscuit Co.Court of Appeals for the Second Circuit · 1913
- In re Club New YorkerDistrict Court, S.D. California · 1936
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