Stone v. Eacho, 4894.
| Citation | 128 F.2d 16 |
| Decision Date | 13 May 1942 |
| Docket Number | No. 4894.,4894. |
| Parties | STONE et al. v. EACHO. In re TIP TOP TAILORS, Inc. |
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
Bernard Hellring, of Newark, N. J., and Reuben Golin, of New York City (Bilder, Bilder & Kaufman and Albert Freeman, all of Newark, N. J., Hahn & Golin, of New York City, and Steingold & Steingold, of Richmond, Va., on the brief), for appellants.
R. Hugh Rudd, of Richmond, Va., for appellee.
Before PARKER and DOBIE, Circuit Judges, and WARING, District Judge.
The petition for rehearing presents no point not already fully considered by the Court. It is urged that some of the creditors will be able to show that credit was extended by them to the Virginia corporation in reliance upon its separate entity. It is difficult to see how this can be done in the case of creditors whose dealings have embraced more than one transaction, in view of the uncontradicted evidence that payment of bills of the subsidiary exceeding $10 was made from the home office of the parent corporation; and certainly, if creditors looked to the record of incorporation in Virginia, they were put on notice of the true situation when they discovered that the subsidiary had issued only three shares of stock of the par value of $1 each. If, however, there are creditors who have equities with respect to the assets in the Richmond store because of having extended credit to the Virginia Corporation on the faith of its ownership of these assets, their equities are preserved in the consolidation of proceedings ordered by the following provision of the opinion, viz.: "If there are equities in favor of any of the creditors which have not been sufficiently explored in the motion for consolidation and as to which they desire to be heard further, hearing can be afforded them in the consolidated proceedings." 4 Cir., 127 F. 2d 284. The petition for rehearing will accordingly be denied.
Petition denied.
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In re Drexel Burnham Lambert Group, Inc.
... ... See, Stone v. Eacho (In re Tip Top Tailors, Inc.), 127 F.2d 284, 289 (4th Cir. 1942), reh'g denied, 128 ... ...
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In re Landbank Equity Corp., 85-01541-N
... ... Stone v. Eacho, 127 F.2d 284, 288 (4th Cir.) reh'g denied, 128 F.2d 16 (4th Cir.), cert. denied, 317 ... ...
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In re Thomas
...810 F.2d 270, 276-77 (D.C.Cir., 1987); Stone v. Eacho (In re Tip Top Tailors, Inc.), 127 F.2d 284, 289-90 (4th Cir., 1942), reh'g denied, 128 F.2d 16, cert. denied, 317 U.S. 635, 63 S.Ct. 54, 87 L.Ed. 512 (1942). There are two basic tests. The first is whether the debtors had so intermingle......
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In re Bonham
...non-debtor entity held by insiders. Stone v. Eacho — Another earlier case was Stone v. Eacho, 127 F.2d 284 (4th Cir. 1942), reh den 128 F.2d 16 (4th Cir.1942), cert den 317 U.S. 635, 63 S.Ct. 54, 87 L.Ed. 512 (1942). Tip Top Tailors, a New Jersey corporation, was a bankrupt in a Delaware ba......