In re Federal Biscuit Co.
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York; Charles M. Plough, Judge. In the matter of bankruptcy proceedings of the Federal Biscuit Company. On petition of Edward C. Vick to revise an order enjoining the prosecution of an action supported by attachment in the state court.
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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York; Charles M. Plough, Judge. In the matter of bankruptcy proceedings of the Federal Biscuit Company. On petition of Edward C. Vick to revise an order enjoining the prosecution of an action supported by attachment in the state court. The petitioner commenced an action in the Supreme Court of the State of New York against the Federal Biscuit Company upon a claim provable in bankruptcy. A warrant of attachment was issued in such action and an attachment made which was discharged by…
1Opinion of the Court
NOYES, Circuit Judge.
[1] The bankruptcy act authorizes the District Court as a court of bankruptcy to stay suits against the bankrupt founded upon provable claims pending in state courts at the time of the bankruptcy. It also authorizes such stays in attachment actions instituted within four months of the bankruptcy, the lien of the attachment being invalidated thereby. But the power is given in both' cases only for the benefit of the bankrupt estate. If the estate have no interest in the suit or action it cannot properly be stayed. As this Court said in In re Mercedes Import Co., 166 Fed.…
2Cases cited4 opinions
- Young v. UpsonU.S. Circuit Court for the District of Southern New York · 1902
- In re WolfDistrict Court, N.D. Iowa · 1899
- In re Mercedes Import Co.Court of Appeals for the Second Circuit · 1908
- McDonald v. Clearwater Shortline Ry. Co.U.S. Circuit Court for the District of Idaho · 1908
3Cited by7 opinions
- Grand Union Equipment Co. v. LippnerCourt of Appeals for the Second Circuit · 1948
- Beck Industries, Inc. v. Trustees of Beck Industries, Inc.Court of Appeals for the Second Circuit · 1973
- In Re CollierDistrict Court, S.D. New York · 1933
- Feldman v. Trustees of Beck Industries, Inc.Court of Appeals for the Second Circuit · 1973
- Higgins v. BrainardCalifornia Supreme Court · 1932
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