In re Midtown Contracting Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Midtown Contracting Company, bankrupt. On petition to revise an order (238 Fed. 871) reversing an order of the referee denying a petition of the trustee for a summary order requiring the Board of Education of the City of New York to deliver certain property to him.
1DissentHough, Circuit Judge
This petition to revise should be dismissed; it was prematurely or improperly taken. The referee refused jurisdiction upon inspection of pleadings. ' The court reversed his order, and instructed him to proceed with an ascertainment of facts. This was in accordance with the ruling in Re Goldstein, 216 Fed. 888, 133 C. C. A. 91 (C. C. A. 7th), to the effect that the District Court may pursue the summary method to the point of ascertaining that the alleged adverse claim is substantial and not merely colorable. No trial was ever had, and the order directing it is the subject for review. As we…
2Cases cited11 opinions
- McCain v. Des MoinesSupreme Court of the United States · 1899
- Benjamin v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1914
- In re Yorkville Coal Co.Court of Appeals for the Second Circuit · 1914
- Blum v. HouserCourt of Appeals for the Seventh Circuit · 1913
- Chicago, Rock Island & Pacific Railway Co. v. AllfreeSupreme Court of Iowa · 1884
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