Legal Opinion

In re Kominers

District Court, S.D. New York

Decided October 15, 1916PublishedCited by 5 opinions

In Bankruptcy. In the matter of the bankruptcy of Abraham H. Kominers. On review of order of referee disallowing a claim to priority as traveling salesmen.

1Opinion of the Court

MAYER, District Judge.

I Have carefully gone over this record, and the facts are simple enough. The claimants were partners, and represented other houses besides that of the bankrupt. They were not under any obligation to devote all their time to selling goods for the bankrupt, and apparently could control their time as they pleased. They were compensated on a commission basis; that is to say, if their orders were accepted, they were entitled to their commissions.' They had an office of their own, with their own business cards, and were, for all practical purposes in their relations with the…

2Cases cited1 opinion

  1. In re DexterCourt of Appeals for the First Circuit · 1907

3Cited by5 opinions

  1. In re ShapiroDistrict Court, E.D. Pennsylvania · 1924
  2. In Re American Shelter Systems, Inc.United States Bankruptcy Court, W.D. Louisiana · 1984
  3. In Re Wang Laboratories, Inc.United States Bankruptcy Court, D. Massachusetts · 1994
  4. United States v. Embassy Restaurant, Inc.Supreme Court of the United States · 1959
  5. United States v. Embassy Restaurant, Inc.Supreme Court of the United States · 1959

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