Legal Opinion

In re Burr Mfg. & Supply Co.

Court of Appeals for the Second Circuit

Decided August 31, 1914No. Nos. 279, 280PublishedCited by 58 opinions

Petitions to Revise Orders of the District Court of the United States for the Eastern District of New York. Petitions to review and revise an order of the United States District Court for the Eastern District of New York setting aside a previous order confirming a sale, and also to review and revise an order confirming a resale held pursuant to.the before mentioned order, and to vacate and set aside the order confirming the resale.

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Petitions to Revise Orders of the District Court of the United States for the Eastern District of New York. Petitions to review and revise an order of the United States District Court for the Eastern District of New York setting aside a previous order confirming a sale, and also to review and revise an order confirming a resale held pursuant to.the before mentioned order, and to vacate and set aside the order confirming the resale. Both petitions were consolidated and heard on a single record by order of this court. The bankrupt corporation owned an equity in certain real estate situate at…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). The question in this case is whether the action of the District Court vacating a sale of the property herein involved to the petitioner, Porter, and directing a new sale, shall stand. The sale made to Porter had been confirmed, only to be subsequently vacated. The purpose of a sale is that it shall be final, and the presumption is that a court, before confirming a sale made under its authority and in accordance with its directions, has observed due precaution to see that no wrong has been accomplished in and by the manner in which it was conducted. But it…

2Cases cited22 opinions

  1. Bronson v. SchultenSupreme Court of the United States · 1882
  2. Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
  3. Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
  4. Ballentyne v. SmithSupreme Court of the United States · 1907
  5. Henry v. McKerlieSupreme Court of Missouri · 1883

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3Cited by58 opinions

  1. In the Matter of Chung King, Inc., Debtor. Appeal of Michael T. NigroCourt of Appeals for the Seventh Circuit · 1985
  2. In Re Pottasch Bros. Co.Court of Appeals for the Second Circuit · 1935
  3. Taylor v. TaylorSupreme Court of Alabama · 1981
  4. In Re Stanley Engineering CorporationCourt of Appeals for the Third Circuit · 1947
  5. Hume v. MyersCourt of Appeals for the Fourth Circuit · 1917

53 more not listed; retrieve them via the Exa API.

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