Green v. Smith

Third Circuit

Green v. Smith

70 F.2d 1015, 1934 U.S. App. LEXIS 4393

CourtCourt of Appeals for the Third Circuit

DecidedApril 24, 1934

DocketNo. 5229

StatusPublished

This text of 70 F.2d 1015 (Green v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Smith, 70 F.2d 1015, 1934 U.S. App. LEXIS 4393 (3d Cir. 1934).

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Opinion

BUFFINGTON, Circuit Judge.

In this bankruptcy ease in the Middle District of Pennsylvania, on petition of the trus[1016]*1016tee, a rule was granted by the referee on Joseph Green to show cause why he should not pay to said trustee funds belonging to the bankrupts which at the date of the bankruptcy were in his hands as receiver in añ equity proceeding in the court of common pleas No. 3 of Philadelphia. Green was not a resident of the Middle District, but in due course service of such rule was accepted by his attorney, who entered a general appearance for him. On hearing, the referee entered an order directing Green to pay such fund to the trustee. On petition for review, the order of the referee was affirmed by the court below, whereupon this appeal was taken. In view of our case, In re Crosby Stores, Inc., 61 F.(2d) 812, affirmed in Gross v. Irving Trust Co., Trustee, 289 U. S. 342, 53 S. Ct. 605, 77 L. Ed. 1243, and other cases to like effect, the order here complained of was warranted, and accordingly it is affirmed.

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BUFFINGTON, Circuit Judge.

In this bankruptcy ease in the Middle District of Pennsylvania, on petition of the trus[1016]*1016tee, a rule was granted by the referee on Joseph Green to show cause why he should not pay to said trustee funds belonging to the bankrupts which at the date of the bankruptcy were in his hands as receiver in añ equity proceeding in the court of common pleas No. 3 of Philadelphia. Green was not a resident of the Middle District, but in due course service of such rule was accepted by his attorney, who entered a general appearance for him. On hearing, the referee entered an order directing Green to pay such fund to the trustee. On petition for review, the order of the referee was affirmed by the court below, whereupon this appeal was taken. In view of our case, In re Crosby Stores, Inc., 61 F.(2d) 812, affirmed in Gross v. Irving Trust Co., Trustee, 289 U. S. 342, 53 S. Ct. 605, 77 L. Ed. 1243, and other cases to like effect, the order here complained of was warranted, and accordingly it is affirmed.

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Bluebook (online)

70 F.2d 1015, 1934 U.S. App. LEXIS 4393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-smith-ca3-1934.

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