In re Ennis & Stoppani
District Court, S.D. New York
In Bankruptcy. On motion to vacate stay. This is a motion to vacate the stay of the petitioner, Roche, against pro- ' ceeding to the entry of judgment in an action brought by him against the bankrupts in the Supreme Court of the state of New York. The action was for the conversion of the petitioner’s stock, which had been purchased by the brokers for him and had been held by them as pledgees for the repayment of part of the purchase price.
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In Bankruptcy. On motion to vacate stay. This is a motion to vacate the stay of the petitioner, Roche, against pro- ' ceeding to the entry of judgment in an action brought by him against the bankrupts in the Supreme Court of the state of New York. The action was for the conversion of the petitioner’s stock, which had been purchased by the brokers for him and had been held by them as pledgees for the repayment of part of the purchase price. The allegations of conversion are as follows: “The defendants converted said stocks to their own use and benefit in fraud of the rights of the plaintiff.”…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). Roche had two possible remedies open against the bankrupt. He could either sue them for willful conversion of his stock (which he did), or he could sue to rescind the whole contract for fraud, first, because of the imposition originally practiced on him by the bankri pts through their fraudulent agent, and, second, because of the imposition by which they obtained the additional margin. Had he sued to rescind the contract, he might possibly have some color to claim that under the second subdivision of section 17 of Act July 1, 1898, c. 541, 30 Stat. 550. (U.…
2Cases cited7 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Crawford v. BurkeSupreme Court of the United States · 1904
- Tindle v. BirkettSupreme Court of the United States · 1907
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
- Bullis v. O'BeirneSupreme Court of the United States · 1904
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3Cited by9 opinions
- Smith v. LadrieSupreme Court of Vermont · 1925
- Wharton v. Citizens Bk. of BosworthMissouri Court of Appeals · 1929
- American Insurance Co. v. Lucas (In Re Lucas)United States Bankruptcy Court, W.D. Pennsylvania · 1982
- In re CameloDistrict Court, N.D. New York · 1912
- In Re GerstenzangDistrict Court, S.D. New York · 1931
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