Legal Opinion

Schutte v. Wittner

District Court, E.D. New York

Decided March 11, 1957No. Civ. No. 17187PublishedCited by 4 opinions

1Opinion of the Court

BRUCHHAUSEN, District Judge.

The defendants move to dismiss the complaint, pursuant to Rule 12, Fed. Rules Civ.Proc., 28 U.S.C.A. and also contend that the claims are barred by the Statute of Limitations.

The complaint contains four causes of action, whereunder the plaintiff seeks to annul alleged illegal transfers made by the bankrupt to the defendants.

The plaintiff contends that the causes of action are valid and in accordance with the provisions of Section 70 of the Bankruptcy Act, 11 U.S.C.A. § 110, Section 15 of the Stock Corporation Law, McKinney’s Consol.Laws c. 59, and the Debtor and…

2Cases cited4 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. Lee v. State Bank & Trust Co.Court of Appeals for the Second Circuit · 1930
  3. Halpert v. Engine Air Service, Inc.District Court, E.D. New York · 1953
  4. In re EdelsteinDistrict Court, S.D. New York · 1926

3Cited by4 opinions

  1. In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
  2. Feldman v. Philadelphia National BankDistrict Court, E.D. Pennsylvania · 1976
  3. Petersen v. VallenzanoDistrict Court, S.D. New York · 1994
  4. George Feldman, as Trustee in Bankruptcy of Leasing Consultants, Incorporated, Bankrupt v. First National City BankCourt of Appeals for the First Circuit · 1975

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