In re Hopkins
| Decision Date | 11 January 1916 |
| Docket Number | 106. |
| Citation | 229 F. 378 |
| Parties | In re HOPKINS. |
| Court | U.S. Court of Appeals — Second Circuit |
Charles J. Ryan, of Brooklyn, N.Y., for petitioner.
Winifred Sullivan, of New York City, for respondent.
Before LACOMBE, COXE, and WARD, Circuit Judges.
Clarence E. Hopkins was adjudicated a bankrupt July 25, 1914, and on August 17th, Lawrence Hull was appointed trustee. The bankrupt was engaged in the furniture, storage and moving business in Brooklyn and in December, 1913, he incorporated the business under the name of the Fifty-Second Street Storage House, which corporation was owned and controlled by him. The trustee commenced an action in the state court to recover the property and obtained an injunction restraining the corporation from disposing of it. Upon the trial of this action final judgment was rendered January 18, 1915 declaring the transfer to the corporation fraudulent and void, and the property was taken over by the trustee.
An examination before the referee disclosed the following facts:
On October 17, 1914, Anna S. Hopkins, the wife of the bankrupt opened an account with the People's Trust Company and deposited $1,205.80. She also deposited thereafter as follows: On November 6, $175, on November 16, $100, and on November 20, $200. On December 4, 1914, the total amount then on deposit, $1,680.80, was withdrawn. On the following day Mrs. Hopkins opened an account with the Montauk Bank by making a deposit of $1,600 which was checked out from time to time and on February 23, 1915, the account was finally closed by the withdrawal of the balance, $711.08. The trustee contends that the entire amount deposited in the Montauk Bank belonged to the bankrupt and should go to his creditors. The petitioner contends that the money belonged to her. She testified that the largest part thereof, $1,500, was borrowed from Mary T. Ward who received her note therefor, payable in February, 1914, with interest, at the rate of 6 per cent. She says she spent the money for household expenses and in February, 1914, purchased two vans and horses which were to be used in her husband's business. Regarding the purchase of the vans she is corroborated by William R. Wood who testified that he sold four horses and two vans to her for $975 and was paid by a check for $425 and the balance in cash.
Alexander C. Nicholson testified that he is the brother of Mary T. Ward who lives at Rupert, Idaho, but was in Brooklyn in February 1914, when she loaned Mrs. Hopkins the $1,500 in question. He swore that he drew the note, that it was left with...
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Page v. Arkansas Natural Gas Corporation
...on a plenary proceeding and no objection to a summary proceeding until after the referee had rendered his decision. In re Hopkins (C. C. A.) 229 F. 378, 380, the court said: "The question was presented to the trustee whether he would proceed summarily or by a plenary suit and he elected the......
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Bachman v. McCluer
...of the referee has been rendered, an objection to his jurisdiction comes too late. In re Emrich (D. C.) 101 F. 231; In re Hopkins (C. C. A. 2) 229 F. 378, 380; In re Berry (D. C.) 247 F. 700, 705; In re Matthews (D. C.) 109 F. In Page, Trustee, v. Arkansas Natural Gas Corporation, supra, pa......
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Macdonald v. Plymouth County Trust Co
...court granted certiorari, 285 U. S. 533, 52 S. Ct. 407, 76 L. Ed. —, to resolve a conflict of the decision below with that in In re Hopkins (C. C. A. 2d) 229 F. 378. See, also, Page v. Arkansas Natural Gas Corp. (C. C. A.) 53 F.(2d) 27; American Finance Co. v. Coppard (C. C. A. 5th) 45 F.(2......
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Coffman v. Cobra Mfg. Co.
...Marine Midland Tr. Co. v. McGirt, 1953, 345 U.S. 940. 9 Cline v. Kaplan, 1944, 323 U.S. 97, 99, 65 S.Ct. 155, 89 L.Ed. 97; In re Hopkins, 2 Cir., 1916, 229 F. 378; cf. § 2, sub. a (7), of the 1952 Amendment to the Bankruptcy Act, Title 11 U.S.C.A. § 11, sub. a (7), and its effect upon Cline......