In re R. & W. Skirt Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the DistHct Court of the United States for the Southern District of New York. This matter comes here upon a petition to revise an order of the District Court for the Southern District of New York confirming the report of the referee in bankruptcy which denied the petition of the trustee praying that Freída Silberstein turn over to him the sum of $600 paid to her by one of the bankrupts after the filing of the petition in bankruptcy.
1Opinion of the Court
COXE, Circuit Judge.
This controversy involves a simple question of law. The facts are not disputed. After the filing of the petition in bankruptcy one of the bankrupts took $600 belonging to the bankrupts’ estate and delivered it to Ereida Silberstein, who refuses to return it to the trustee for the reason that it was received by her in payment of a debt of $600 for money loaned by her to Arthur J. Rosen-thal, one of the bankrupts.
We have no doubt that a plenary suit will lie in such circumstances: The question is, Was such a suit absolutely necessary? The Bankruptcy Act is in itself a…
2Cases cited4 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Everett v. JudsonSupreme Court of the United States · 1913
- Lazarus, Michel & Lazarus v. PrenticeSupreme Court of the United States · 1914
3Cited by13 opinions
- May v. HendersonSupreme Court of the United States · 1925
- Reed v. Barnett Nat. Bank of JacksonvilleCourt of Appeals for the Fifth Circuit · 1918
- In re Midtown Contracting Co.Court of Appeals for the Second Circuit · 1917
- In Re Times Square Auto Supply Co.Court of Appeals for the Second Circuit · 1931
- In Re Retail Stores Delivery CorporationDistrict Court, S.D. New York · 1933
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