Lazarus, Michel Lazarus v. Ezra Prentice, 1012
| Court | United States Supreme Court |
| Writing for the Court | Day |
| Citation | 58 L.Ed. 1305,34 S.Ct. 851,234 U.S. 263 |
| Parties | LAZARUS, MICHEL, & LAZARUS, etc., Appts., v. EZRA P. PRENTICE, Ancillary Receiver of A. Musica & Son, et al |
| Docket Number | No. 1012,1012 |
| Decision Date | 08 June 1914 |
v.
EZRA P. PRENTICE, Ancillary Receiver of A. Musica & Son, et al.
Page 264
Messrs. Henry L. Lazarus, David Sessler, Girault Farrar, Herman Michel, and Eldon S. Lazarus for appellants.
Messrs. H. Generes Dufour and Edwin T. Rice for appellees.
[Argument of Counsel from page 264 intentionally omitted]
Page 265
Mr. Justice Day delivered the opinion of the court:
This is a motion to dismiss the appeal of Lazarus, Michel, & Lazarus, interveners in a certain bankruptcy proceeding in the district court of the United States for the eastern district of Louisiana, where the intervening petition was dismissed (205 Fed. 413), which order was affirmed on appeal to the circuit court of appeals for the fifth circuit (211 Fed. 326). The interveners now attempt to bring the case to this court by appeal on the ground that the judgment of the circuit court of appeals was not final in the proceeding.
The facts are not materially in dispute, and, as found by both the district court and the circuit court of appeals, appear to be: Antonio Musica and Philip Musica were partners in trade under the firm name of A. Musica & Son, importers of hair in the city of New York. They had become largely indebted, and on the 19th of March, 1913, a petition in involuntary bankruptcy was filed in the district court of the United States for the southern district of New York against the firm and the individual members thereof, and a receiver was appointed of the bankrupt estate, the partnership and its members being subsequently adjudicated bankrupts. On the same day the petition was filed the bankrupts and Arthur Musica were arrested as fugitives from justice in the city of New Orleans, and Lucy Grace Musica was held as a material witness. Upon search there was found upon their persons, variously distributed among them and concealed in divers ways, about $75,000 in money, and notes, mortgages, and insurance policies amounting in value to some $50,000 more. Without going into detail, upon the admissions of the parties it became perfectly apparent that the property in question belonged to the bankrupt estate. The district for the eastern district of Louisiana, upon petition, confirmed the receiver
Page 266
as temporary receiver of that court, and directed that all the property be turned over to him, to be transmitted to the trustee or trustees in bankruptcy of A. Musica & Son, elected and qualified in the district court for the southern district of New York, to be disposed of under and subject to the orders of that court.
While the Musicas took the case to the Circuit court of appeals, no appeal has been sued out by them to this court, and the only questions here concern the intervention of Lazarus, Michel, & Lazarus, who, on April 28, 1913, filed an intervening petition in the district court for the eastern district of Louisiana, claiming $15,000 as attorney fees for services rendered the Musicas in the proceedings against them in the courts of Louisiana to protect their property rights and possession, and for services to be rendered in representing them in proceedings in New York, if their services were there required. The decree of the district court, which was affirmed in the circuit court of appeals, dismissed the petition in intervention of Lazarus, Michel, & Mlazarus, reserving their right to assert whatever claim they may have in the bankruptcy & Lazarus, reserving their right to assert
The filing of the petition and adjudication in the bankruptcy court in New York brought the property of the bankrupts, wherever situated, into custodia legis, and it was thus held from the date of the filing of the petition, so that subsequent liens could not be given or obtained thereon, nor proceedings had in...
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Straton v. New, No. 137
...court having acquired the exclusive right to administer all property in the bankrupt's possession. Lazarus, Michel & Lazarus v. Prentice, 234 U. S. 263, 34 S. Ct. 851, 58 L. Ed. 1305; White v. Schloerb, 178 U. S. 542, 20 S. Ct. 1007, 44 L. Ed. 1183; Murphy v. John Hofman Co., 211 U. S. 562,......
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Co v. Fox In re Cowen Hosiery Co., Inc, TAUBEL-SCOTT-KITZMILLER
...224 U. S. 183, 32 Sup. Ct. 446, 56 L. Ed. 725; Houghton v. Burden, 228 U. S. 161, 33 Sup. Ct. 491, 57 L. Ed. 780; Lazarus v. Prentice, 234 U. S. 263, 34 Sup. Ct. 851, 58 L. Ed. 1305. 18 Louisville Trust Co. v. Comingor, 184 U. S. 18, 22 Sup. Ct. 293, 46 L. Ed. 413; Jaquith v. Rowley, 188 U.......
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May v. Henderson, No. 126
...of the petition is a caveat to all the world and in effect an attachment and injunction.' Mueller v. Nugent, supra; Lazarus v. Prentice, 234 U. S. 263, 34 S. Ct. 851, 58 L. Ed. 1305; Knapp & Spencer Co. v. Drew, 160 F. 413, 87 C. C. A. 365; In re Denson (D. C.) 195 F. 854; In re Leigh (D. C......
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In re Dayton Coal & Iron Co., 1598
...568, 57 L.Ed. 927, 46 L.R.A. (N.S.) 154; Cameron v. United States, 231 U.S. 710, 717, 34 Sup.Ct. 244, 58 L.Ed. 448; Lazarus v. Prentice, 234 U.S. 263, 266, 34 Sup.Ct. 851, 58 L.Ed. 1305. Nor for like reasons, can a creditor, after the filing of the petition, perfect a previously invalid lie......
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In re Dayton Coal & Iron Co., 1598
...568, 57 L.Ed. 927, 46 L.R.A. (N.S.) 154; Cameron v. United States, 231 U.S. 710, 717, 34 Sup.Ct. 244, 58 L.Ed. 448; Lazarus v. Prentice, 234 U.S. 263, 266, 34 Sup.Ct. 851, 58 L.Ed. 1305. Nor for like reasons, can a creditor, after the filing of the petition, perfect a previously invalid lie......
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May v. Henderson, 126
...of the petition is a caveat to all the world and in effect an attachment and injunction.' Mueller v. Nugent, supra; Lazarus v. Prentice, 234 U. S. 263, 34 S. Ct. 851, 58 L. Ed. 1305; Knapp & Spencer Co. v. Drew, 160 F. 413, 87 C. C. A. 365; In re Denson (D. C.) 195 F. 854; In re Leigh (D. C......
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Straton v. New, 137
...court having acquired the exclusive right to administer all property in the bankrupt's possession. Lazarus, Michel & Lazarus v. Prentice, 234 U. S. 263, 34 S. Ct. 851, 58 L. Ed. 1305; White v. Schloerb, 178 U. S. 542, 20 S. Ct. 1007, 44 L. Ed. 1183; Murphy v. John Hofman Co., 211 U. S. 562,......
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Co v. Fox In re Cowen Hosiery Co., Inc, TAUBEL-SCOTT-KITZMILLER
...224 U. S. 183, 32 Sup. Ct. 446, 56 L. Ed. 725; Houghton v. Burden, 228 U. S. 161, 33 Sup. Ct. 491, 57 L. Ed. 780; Lazarus v. Prentice, 234 U. S. 263, 34 Sup. Ct. 851, 58 L. Ed. 1305. 18 Louisville Trust Co. v. Comingor, 184 U. S. 18, 22 Sup. Ct. 293, 46 L. Ed. 413; Jaquith v. Rowley, 188 U.......