SEIFER FURNITURE CO.
v.
SURPRISE, TRUSTEE IN BANKRUPTCY

U.S. | 1935-10-14
No. 361
296 U.S. 618 Supreme Court of the United States (1935) Positive Treatment
Cited by 6 cases

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Cited By

  • Armstrong v. Clovis McALPIN, 625 F.2d 433 (2d Cir. 1980)
    …Bishop, 90 F. 2d 65 (6th Cir. 1937), injunctive protection, see United States v. Mahaney, 27 F.Supp. 463 (N.D.Cal.1939), and denial of compensation, see Gesellschaft Fur Drahtlose Telegraphie M. B. H. v. Brown, 78 F. 2d 410 (D.C.Cir.), cert. denied, 296 U.S. 618, 56 S.Ct. 139, 80 L.Ed. 439 (1935), are also available remedies. I agree, therefore, that the collateral order doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949) does not give this Court jurisdic…
  • Brown v. Gesellschaft Fur Drahtlose Telegraphie, 104 F.2d 227 (D.C. Cir. 1939)
    …quantum meruit. This proposal was considered on the former appeal and rejected.10 We adhere to our decision upon that point also.11 Affirmed. Gesellschaft Fur Drahtlose Telegraphie M. B. H. v. Brown, 64 App.D.C. 357, 78 F. 2d 410, certiorari denied 296 U.S. 618, 56 S.Ct. 139, 80 L.Ed. 439. Davis v. Davis, 68 App.D.C. 240, 243, 96 F. 2d 512, 515: “The court has power, under some circumstances, to disregard a prior decision, although it should not be exercised except in a clear case (Williams v. Order of Co…
    1 / 5
  • Allen v. Commissioner of Internal Revenue, 117 F.2d 364 (1st Cir. 1941)
    …this, there is no serious question. It is true that the corporation during its whole history never formally declared any dividends eo nomine; but this is not controlling. Waggaman v. Helvering, 64 App.D.C. 371, 78 F. 2d 721, 723, certiorari denied, 296 U.S. 618, 56 S.Ct. 139, 80 L.Ed. 439. The corporation had a large surplus, accumulated out of earnings or profits, available for the distribution of dividends. It is settled that withdrawals by stockholders giving rise to debts, under the circumstances here…
    1 / 2

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