Legal Opinion

In re Kenney

Court of Appeals for the Second Circuit

Decided December 6, 1900No. 21PublishedCited by 20 opinions

Petition to Eeview Order of the District Court of the United States for the Southern District of New York. This cause comes here upon an appeal from an order of the district court, Southern district of New York, which directed that so much of the right under a judgment obtained by Clark against Kenney for $20,906.66, in the supreme court of New York, and the levy made by the sheriff under the execution issued to him upon the said judgment, as is represented by the proceeds…

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Petition to Eeview Order of the District Court of the United States for the Southern District of New York. This cause comes here upon an appeal from an order of the district court, Southern district of New York, which directed that so much of the right under a judgment obtained by Clark against Kenney for $20,906.66, in the supreme court of New York, and the levy made by the sheriff under the execution issued to him upon the said judgment, as is represented by the proceeds of the sale made by said sheriff under said execution, be preserved for the benefit of the estate of the bankrupt, and…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts). The questions arising upon this appeal have been quite fully discussed in the opinion of the district judge, and it seems hardly necessary to write more than an intimation that this court concurs in his reasoning and conclusions.

The facts disclosed upon the papers, chronologically stated, are these: On March 6, 1899, Clark recovered judgment against Kenney in the state court for $20,906.06, and execution was issued on the *898same day. On March 15, 1899, the sheriff sold out defendant’s stock of goods, which he had levied upon, for $12,451.09. On April 13, 1899,…

2Cited by20 opinions

  1. B. F. Goodrich Rubber Co. v. Valley Plumbing & Supply Co.Court of Appeals of Texas · 1924
  2. In re Weinger, Bergman & Co.District Court, S.D. New York · 1903
  3. In re LesserDistrict Court, S.D. New York · 1901
  4. In re BaileyDistrict Court, D. Oregon · 1906
  5. Martin v. FreemanCourt of Appeals for the Ninth Circuit · 1916

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