In re Fisk & Robinson
District Court, S.D. New York
In the matter of Fisk & Robinson, bankrupts. On petition to review referee’s order with reference to the claim of J. P. Morgan & Co.
1Opinion of the Court
HAND, District Judge.
The facts are fully set out in the decision of the referee, and they are not in dispute. Two points only are raised: First, did the constitution of the New York Stock Exchange cover the debt in question ? Second, did the filing of a claim in bankruptcy, without asserting the security, waive the petitioner’s rights ?
*975I have no doubt that the constitution (article 22) covered this transaction. The theory of the trustee is that only loans between brokers, qua brokers, fall within it, and, of course, he must concede that it is immaterial where the loan is made. Consistently,…
2Cases cited5 opinions
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- In re MyersDistrict Court, D. Indiana · 1900
- In re Jacob Berry & Co.Court of Appeals for the Second Circuit · 1909
- In re Falls City Shirt Mfg. Co.District Court, D. Kentucky · 1899
- In re WilderDistrict Court, S.D. New York · 1900
3Cited by5 opinions
- Lewith v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- In Re O'Gara Coal Co.Court of Appeals for the Seventh Circuit · 1926
- Gerber Co., Inc. v. WilsonSupreme Court of Connecticut · 1932
- Gardner v. Chicago Title & Trust Co.Court of Appeals for the Seventh Circuit · 1926
- Interstate Grocer Co. v. National Bank of Commerce in St. LouisSupreme Court of Arkansas · 1927