Legal Opinion
Morrison v. Bay Parkway Nat. Bank
Court of Appeals for the Second Circuit
Decided July 11, 1932No. 353PublishedCited by 7 opinions
1Opinion of the CourtAugustus N. Hand, Circuit Judge
(after stating the facts as above).
The question before us is whether the judgment to recover an unlawful preference which the trustee in bankruptcy obtained against the Bay Parkway Bank can be enforced in a summary proceeding against Lafayette Bank, the transferee of the former bank’s assets.
It is suggested that the relief sought should be given because Lafayette Bank assumed the obligations of the Bay Parkway Bank. Even if it did assume the obligation on which the trustee is suing (though this is denied because his claim was not listed in the agreement between the banks), a trustee cannot…
2Cases cited11 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Bank v. ShermanSupreme Court of the United States · 1880
- Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
- In re MullenDistrict Court, D. Massachusetts · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Duda v. Sterling Mfg. Co. Sterling Mfg. Co. v. DudaCourt of Appeals for the Eighth Circuit · 1950
- Newfield v. East River Sav. BankCourt of Appeals for the Second Circuit · 1941
- Bank of California, National Ass'n v. McBrideCourt of Appeals for the Ninth Circuit · 1943
- Hollywood National Bank v. A. J. Bumb, TrusteeCourt of Appeals for the Ninth Circuit · 1969
- Austrian v. WilliamsCourt of Appeals for the Second Circuit · 1946
2 more not listed; retrieve them via the Exa API.