In re Dyer

Decision Date14 November 1924
Citation8 F.2d 376
PartiesIn re DYER et al.
CourtU.S. District Court — District of New Jersey

COPYRIGHT MATERIAL OMITTED

Wall, Haight, Carey & Hartpence, of Jersey City, N. J., for Joseph M. Davis, trustee in bankruptcy.

Lionel P. Kristeller, of New York City, for Hudson Trust Co.

BODINE, District Judge.

A petition having been filed by Hudson Trust Company to review an order made in the above-entitled matter by the Honorable George R. Beach, referee in bankruptcy, on December 13, 1924, directing that certain property in said order described be sold by the trustee in bankruptcy free and clear of certain liens, and restraining a suit instituted in the Court of Chancery of New Jersey by Hudson Trust Company to foreclose a certain mortgage covering certain of the said premises, and the said referee having certified the questions presented, the said order and his findings and reasons, and no evidence having been taken, and the matter having come on to be heard in the presence of Lionel P. Kristeller, attorney for the said Hudson Trust Company, Thomas G. Haight, attorney for Joseph M. Davis, trustee in bankruptcy of the said Frances S. Dyer, Frederic W. Smith, attorney for Holt Power Light Company, and Herbert J. Hannoch, attorney for Joseph P. Egan, trustee in bankruptcy of F. Monroe Dyer, and the court having considered the arguments of counsel, it is, on this 2d day of February, 1925, ordered that the said petition be dismissed, and that the said order of the referee be, and the same is hereby, affirmed.

To continue reading

Request your trial
4 cases
  • Firestone v. Galbreath
    • United States
    • U.S. District Court — Southern District of Ohio
    • 9 d3 Agosto d3 1995
  • In re A. Roth Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 5 d4 Fevereiro d4 1942
    ...practice may very properly and necessarily prevail where the suit was to foreclose a mortgage on the property of the bankrupt. In re Dyer, D.C., 8 F.2d 376. I think that is as far as we should go. I have never understood that A, wanting to foreclose a mortgage on property owned by B, had to......
  • Petition of Connal
    • United States
    • U.S. District Court — Eastern District of New York
    • 1 d4 Outubro d4 1925
  • General Elec. Corp. v. R & S Homes, Inc.
    • United States
    • Court of Appeal of Michigan — District of US
    • 31 d4 Março d4 1977
    ...bankrupt on August 28, 1975. Permission from the bankruptcy court is necessary to add the trustee [74 MICHAPP 677] as a party, In Re Dyer, 8 F.2d 376 (D.N.J.1924), Carpenter v. International-Great Northern R. Co., 5 F.Supp. 768 (S.D.Tex., 1933), and plaintiff did not present the trial court......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT