In re Rudnick & Co.
District Court, S.D. New York
In Bankruptcy. Upon petition of receiver for an order requiring the sheriff of the county of New York to show cause why he should not deliver 386 garments to petitioner, and that pending the determination of the application the sheriff be stayed from delivering said property to any person other than petitioner, and from otherwise interfering with the same except for the preservation thereof.
Read the full summary
In Bankruptcy. Upon petition of receiver for an order requiring the sheriff of the county of New York to show cause why he should not deliver 386 garments to petitioner, and that pending the determination of the application the sheriff be stayed from delivering said property to any person other than petitioner, and from otherwise interfering with the same except for the preservation thereof. By the duly verified petition of Robert A. Inch, the receiver, it appeared; “(1) That an involuntary petition was filed in this court against the above-named bankrupt on the 20th day of April, 1907, and…
1Opinion of the Court
HOUGH, District Judge.
1. In my opinion the' language of section 67f, Act July 1, 1898 (30 Stat. 565, c. 541 [U. S. Comp. St. 1901, p. 3450]), is broad enough to vacate this seizure in replevin, and I further think that the reasoning of the decision in Re Weinger (D. C.) 11 Am. Bankr. Rep. 424, 126 Fed. 875, sustains that conclusion.
2. In this particular case the circumstances of the replevin are quite aggravated. The balance of evidence as contained in the affidavits is that the plaintiffs in replevin seized nothing that belonged to them, and nothing that fairly and honestly answered to the…
2Cases cited1 opinion
- In re Weinger, Bergman & Co.District Court, S.D. New York · 1903
3Cited by7 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- May v. HendersonSupreme Court of the United States · 1925
- Street v. Pacific Indemnity Co.Court of Appeals for the Ninth Circuit · 1932
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- William B. Teasdale, Trustee in Bankruptcy of Royal Laundries, Inc., and Royal Cleaners, Inc. v. Charles D. Robinson and June RobinsonCourt of Appeals for the Eighth Circuit · 1961
2 more not listed; retrieve them via the Exa API.