John Matthews, Inc. v. Knickerbocker Trust Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. l.ti the matter of John Matthews, Incorporated, bankrupt. On petition by the Knickerbocker Trust Company to revise an order of the District Court (188 Fed. 445). Petition to revise ail order of the District Court, Southern District of New York, sitting in bankruptcy.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. l.ti the matter of John Matthews, Incorporated, bankrupt. On petition by the Knickerbocker Trust Company to revise an order of the District Court (188 Fed. 445). Petition to revise ail order of the District Court, Southern District of New York, sitting in bankruptcy. The order appointing a receiver of the corporation — John Matthews, Inc., - — contained a provision enjoining all persons from transferring or in any way disposing of any of its assets. The Knickerbocker Trust Company…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The debenture bonds of the bankrupt corporation which the petitioner holds as collateral do not purport to impose any lien or charge upon the property of the corporation and are nothing more than instruments importing an obligation to pay. So far as the 23 bonds are concerned, the bankrupt corporation never received any consideration for them. They were treasury bonds when pledged and no change in their status has takén place since. ' The real debt which the bankrupt corporation owed the petitioner was evidenced by the note and nothing was added to it by…
2Cited by9 opinions
- Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
- Warder v. BradyCourt of Appeals for the Fourth Circuit · 1940
- Mississippi Valley Trust Co. v. Railway Steel Spring Co.Court of Appeals for the Eighth Circuit · 1919
- Mercer National Bank v. White'sCourt of Appeals of Kentucky (pre-1976) · 1930
- In Re International Match CorporationDistrict Court, S.D. New York · 1932
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