green
Positive treatment
8.2 score
Treatment trajectory · 1926 → 2026 · click a year to view as-of
1926
1976
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
Picard v. JPMorgan Chase & Co. (In Re Bernard L. Madoff Investment Securities LLC)
(2×)
See Barnes v. Hirsch, 215 A.D. 10 , 212 N.Y.S. 536, 539 (1st Dep’t 1925) (“The bankrupts could not recover against these defendants for bucketing orders because they were responsible for the illegal transaction and parties to the fraud.”), aff'd, 242 N.Y. 555 , 152 N.E. 424 (1926).
discussed
Cited "see"
Picard v. JPMorgan Chase & Co.
(2×)
See Barnes v. Hirsch, 215 A.D. 10 , 212 N.Y.S. 536, 539 (1st Dep’t 1925) (“The bankrupts could not recover against these defendants for bucketing orders because they were responsible for the illegal transaction and parties to the fraud.”), aff'd, 242 N.Y. 555 , 152 N.E. 424 (1926).
discussed
Cited "see"
Goldin v. Primavera Familienstiftung, Tag Associates, Ltd. (In Re Granite Partners, L.P.)
(2×)
“A claim against a third party for defrauding a corporation with the cooperation of management accrues to creditors, not to the guilty corporation.” Id. at 120 ; accord Barnes v. Schatzkin, 215 A.D. 10 , 212 N.Y.S. 536 (1st Dep’t 1925), aff'd, 242 N.Y. 555 , 152 N.E. 424 , cert. denied, 273 U.S. 709 , 47 S.Ct. 100 , 71 L.Ed. 852 (1926).
discussed
Cited "see"
Petroleum Corporation of America v. Thorndal
(2×)
See Barnes v. Schatzkin, 215 App.Div. 10 , 212 N.Y.S. 536 (1925), aff'd, 242 N.Y. 555 , 152 N.E. 424 , cert. denied, 273 U.S. 709 , 47 S.Ct. 100 , 71 L.Ed. 852 (1926). 11 Collier summarizes the rule: 21 'In any event, the claims sued upon by the trustee must belong to the bankrupt estate, and a trustee may not sue upon claims not so belonging, even though they were assigned to him by creditors for convenience or other purposes.' 2 Collier on Bankruptcy, P47.05(1), p. 1746 (14th ed.). 22 However, mere assertion of the general rule cannot end our inquiry.
discussed
Cited "see"
Hawaiian Investors v. Thorndal
(2×)
See Barnes v. Schatzkin, 215 App.Div. 10 , 212 N.Y.S. 586 (1925), aff’d, 242 N.Y. 555 , 152 N.E. 424 , cert. denied, 273 U.S. 709 , 47 S.Ct. 100 , 71 L.Ed. 852 (1926). 11 Collier summarizes the rule: “In any event, the claims sued upon by the trustee must belong to the bankrupt estate, and a trustee may not sue upon claims not so belonging, even though they were assigned to him by creditors for convenience or other purposes.” 2 Collier on Bankruptcy, ¶ 47.-05[1], p. 1746 (14th ed.).
discussed
Cited "see, e.g."
Lippe v. Bairnco Corp.
(2×)
Moreover, “[i]t is well settled that a bankruptcy trustee has no standing generally to sue third parties on behalf of the estate’s creditors, but may only assert claims held by the bankrupt corporation itself.” Wagoner, 944 F.2d at 118 (citing Caplin v. Marine Midland Grace Trust Co., 406 U.S. 416, 434 , 92 S.Ct. 1678, 1688 , 32 L.Ed.2d 195 (1972)); see also Barnes v. Schatzkin, 215 A.D. 10 , 212 N.Y.S. 536 (1st Dep’t 1925), aff'd, 242 N.Y. 555 , 152 N.E. 424 (1926).
Retrieving the full opinion text from the archive…
Earl B. Barnes, as Trustee in Bankruptcy of Thomas H. Cowley Et Al., Individually and as Copartners Under the Firm Name of Thos. H. Cowley & Co., Appellant,
v.
William Schatzkin Et Al., Individually and as Copartners Under the Firm Name of Schatzkin, Bernstein & Co., Respondents, Impleaded With Others; Earl B. Barnes, as Trustee in Bankruptcy of Thomas H. Cowley Et Al., Individually and as Copartners Under the Firm Name of Thos. H. Cowley & Co., Appellant, v. Lawrence J. Hirsch Et Al., Individually and as Copartners Under the Firm Name of Morris & Smith, Respondents, Impleaded With Others
v.
William Schatzkin Et Al., Individually and as Copartners Under the Firm Name of Schatzkin, Bernstein & Co., Respondents, Impleaded With Others; Earl B. Barnes, as Trustee in Bankruptcy of Thomas H. Cowley Et Al., Individually and as Copartners Under the Firm Name of Thos. H. Cowley & Co., Appellant, v. Lawrence J. Hirsch Et Al., Individually and as Copartners Under the Firm Name of Morris & Smith, Respondents, Impleaded With Others
New York Court of Appeals.
Mar 30, 1926.
Charles H. Tuttle and Saul S. Myers for appellant.
Harold Nathan and I. Howard Lehman for William Schatzkin et al., respondents.
Lester R. Bachner for Lawrence J. Hirsch et al., respondents.
Cited by 18 opinions | Published
Judgment, in each case, affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Cardozo, J.