In re Bolognesi
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 A. Bolognesi & Co., bankrupts. Petition of Francis Gilbert and others, trustees in bankruptcy, to revise an order of the District Court distributing a fund among special claimants. Bolognesi was a banker doing business largely with Italians, who in divers ways wished to transmit funds to Italy.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of A. Bolognesi & Co., bankrupts. Petition of Francis Gilbert and others, trustees in bankruptcy, to revise an order of the District Court distributing a fund among special claimants. Bolognesi was a banker doing business largely with Italians, who in divers ways wished to transmit funds to Italy. He made a general assignment on February 11, 1914, and subsequently became bankrupt. The moneys received by him from customers and depositors he placed in his own bank accounts…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] This being a petition to revise, we take the facts as found below. Our power is limited to correction in matters of law. Therefore we do not consider the suggestion that some at least of the sums claimed were received by Bolognesi during insolvency and under circumstances raising a trust ex maleficio. The master has found the evidence the other way, and we cannot say that such finding amounted to error of law upon the testimony.
[2] In so far as any claimant gave money to the bankrupt for investment in a specified manner, the bankrupt undoubtedly, by…
2Cases cited10 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Schuyler v. LittlefieldSupreme Court of the United States · 1914
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Duel v. HollinsSupreme Court of the United States · 1916
- In re A. D. Matthews' Sons, Inc.Court of Appeals for the Second Circuit · 1916
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3Cited by31 opinions
- St. Louis & San Francisco Railroad v. SpillerSupreme Court of the United States · 1927
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Bradford v. Chase Nat. Bank of City of New YorkDistrict Court, S.D. New York · 1938
- Beatrice R. Ruddle v. Luke C. MooreCourt of Appeals for the D.C. Circuit · 1969
- Davis v. McNairCourt of Appeals for the Fifth Circuit · 1931
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