Seaboard Nat. Bank v. Rogers Milk Products Co.

Second Circuit

Seaboard Nat. Bank v. Rogers Milk Products Co.

16 F.2d 271, 1926 U.S. App. LEXIS 3830

CourtCourt of Appeals for the Second Circuit

DecidedDecember 13, 1926

DocketNo. 49

StatusPublished

Cited by1 cases

This text of 16 F.2d 271 (Seaboard Nat. Bank v. Rogers Milk Products Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seaboard Nat. Bank v. Rogers Milk Products Co., 16 F.2d 271, 1926 U.S. App. LEXIS 3830 (2d Cir. 1926).

Pincite

Opinion

PEE CURIAM.

A reversal of the order , would affect the rights of all the distributees under its terms. They are necessary parties to the appeal, and the receivers do not represent them. The appellant’s fund was already depleted by the earlier order making allowances. It may be too late on this appeal to disturb those payments, but if the appellant means to press his assignment of error for failure to pay the whole proceeds to him, on the theory that the District Court had no jurisdiction to award allowances out of property which was never a part of the defendant’s assets, the parties receiving such earlier allowances must also be cited herein.

We will give him leave to issue an alias citation. Knickerbocker, etc., Co. v. Pendleton, 115 U. S. 339, 6 S. Ct. 74, 29 L. Ed. 432; Browning v. Boswell, 209 F. 788 (C. C. A. 4). On the return of this citation the cause must be orally argued, and new briefs may be submitted.

We are entering an order herewith.

Free access — add to your briefcase to read the full text and ask questions with AI

PEE CURIAM.

A reversal of the order , would affect the rights of all the distributees under its terms. They are necessary parties to the appeal, and the receivers do not represent them. The appellant’s fund was already depleted by the earlier order making allowances. It may be too late on this appeal to disturb those payments, but if the appellant means to press his assignment of error for failure to pay the whole proceeds to him, on the theory that the District Court had no jurisdiction to award allowances out of property which was never a part of the defendant’s assets, the parties receiving such earlier allowances must also be cited herein.

We will give him leave to issue an alias citation. Knickerbocker, etc., Co. v. Pendleton, 115 U. S. 339, 6 S. Ct. 74, 29 L. Ed. 432; Browning v. Boswell, 209 F. 788 (C. C. A. 4). On the return of this citation the cause must be orally argued, and new briefs may be submitted.

We are entering an order herewith.

Cite This Page — Counsel Stack

Bluebook (online)

16 F.2d 271, 1926 U.S. App. LEXIS 3830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaboard-nat-bank-v-rogers-milk-products-co-ca2-1926.

Opinion

Related

Cite This Page — Counsel Stack