GLEISCH

v.

BENNETT, TRUSTEE IN BANKRUPTCY

Citator

Cited By

• John F. Jelke Co. v. Smietanka, 86 F.2d 470 (7th Cir. 1936)
  …he enactment of sections 607 and 609 of the Revenue Act of 1928 (26 U.S.C.A. §§ 1670(a) (2), 1675), superseded the remedy provided by section 3226. This question was involved in Hearn & Son v. United States, 8 F.Supp. 698 (Ct.Cl.), certiorari denied 294 U.S. 722, 55 S.Ct. 550, 79 L.Ed. 1254. We agree with that court that it is still necessary to file a proper claim for refund and to bring suit within the period specified by section 3226, unless the suit is based upon some other theory of recovery. The Dist…
• Cantor v. Wilbraham & Monson Acad., 609 F.2d 32 (1st Cir. 1979)
  …’s liability will be limited by a clause in the trust agreement only where the third party contracting with the trustee had effective notice of the limitation. James Stewart & Co. v. National Shawmut Bank, 75 F. 2d 148, 149 (1st Cir.), cert. denied, 294 U.S. 722, 55 S.Ct. 549, 79 L.Ed. 1254 (1935); see III Scott on Trusts § 263.2 (3d ed. 1967). We need not consider, however, whether the absence of a valid determination as to Mrs. Cantor’s potential personal liability for the Trust’s debts warrants a remand…