Legal Opinion

In Re Martin's

District Court, E.D. New York

Decided March 11, 1935No. 27373PublishedCited by 9 opinions

1Opinion of the Court

MOSCOWITZ, District Judge.

This is a motion made by Sigmund I. Herzig for an order compelling the debtor to pay over certain moneys which it claimed the debtor holds in a fiduciary capacity for the benefit of the petitioner.

The debtor has for some period of time conducted a department store on Fulton street, in the borough of Brooklyn, city of New York. On January 3, 1935, it filed a voluntary petition for reorganization under section 77B ‘of the Bankruptcy Act (11 USCA § 207).

On July 6, 1934, the petitioner and the debtor entered into an agreement in writing by the terms of which Herzig…

2Cases cited4 opinions

  1. In re A. D. Matthews' Sons, Inc.Court of Appeals for the Second Circuit · 1916
  2. Harvey Brokerage Co. v. Ambassador Hotel CorporationDistrict Court, S.D. New York · 1932
  3. Isaac McLean Sons Co. v. William S. Butler & Co.District Court, D. Massachusetts · 1913
  4. Harvey Brokerage Co. v. Ambassador Hotel Corp.District Court, S.D. New York · 1932

3Cited by9 opinions

  1. In Re Morales Travel Agency, Bankrupt. Appeal of Eastern Air Lines, IncCourt of Appeals for the First Circuit · 1981
  2. In the Matter of Lord's, Inc., Bankrupt. Chicago Cutter-Karcher, Inc. v. Charles D. Maley, TrusteeCourt of Appeals for the Seventh Circuit · 1966
  3. American Service Co. v. HendersonCourt of Appeals for the Fourth Circuit · 1941
  4. United Retailers of Easton, Inc. v. Falk of Bethlehem (In Re Falk of Bethlehem)United States Bankruptcy Court, D. New Jersey · 1980
  5. Pan American World Airways, Inc. v. Shulman Transport Enterprises, Inc. (In Re Shulman Transport Enterprises, Inc.)United States Bankruptcy Court, S.D. New York · 1982

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