Legal Opinion
In re Pacat Finance Corp.
Court of Appeals for the Second Circuit
Decided August 20, 1928No. 248PublishedCited by 4 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The claimant, hereinafter referred to as Berardini, contends that the trustee in bankruptcy of Pacat Finance Corporation hereinafter referred to as Pacat, came into possession of 750,000 lire, which belonged to Berardini. He seeks to establish his right upon the theory of (1) an express trust in specific lire, by reason of an appropriation of them for him by Pacat prior to bankruptcy; or (2) a constructive trust by reason of tracing his own dollars into lire, and thence back into dollars held by the trustee. The trustee contends that the evidence is insufficient to prove…
2Cases cited11 opinions
- Schuyler v. LittlefieldSupreme Court of the United States · 1914
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Brennan v. TillinghastCourt of Appeals for the Sixth Circuit · 1913
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
- In the Matter of Linda Coal and Supply Company, a Corporation, Alleged Bankrupt. L. H. Haberman & Son, Ellsworth Meeder, Ralph Barkley and Robert J. Cunningham, Jr.Court of Appeals for the Third Circuit · 1958
- In re Linda Coal & Supply Co.Court of Appeals for the Third Circuit · 1958
- In re ByrneCourt of Appeals for the Second Circuit · 1929