IVANHOE BUILDING & LOAN ASSN.
v.
ORR, TRUSTEE

U.S. | 1935-02-04
No. 611
294 U.S. 700 Supreme Court of the United States (1935) Positive Treatment
Cited by 2 cases

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  • …itor holding security who realizes upon it, does not “ owe ” his debtor the amount realized. The well understood concept of mutual debts does not embrace such a situation as is here disclosed. Judgment reversed. 73 F. (2d) 609. Rule 38, § 5 (b). 294 U. S. 700. U.S. C. Tit. 11, § 1 (23). U. S. C. Tit. 11, § 93 (e). The point was involved and necessarily decided, though not adverted to, in Hiscock v. Varick Bank, 206 U. S. 28; see the same case below sub nom. In re Mertens, 144 Fed. 818, 820. See also I…
  • United States v. State St. Tr. Co., 124 F.2d 948 (1st Cir. 1942)
    …aid down with respect to findings of fact by the Board of Tax Appeals in Bogardus v. Commissioner, 1937, 302 U.S. 34, 58 S.Ct. 61, 82 L.Ed. 32; Helvering v. Tex-Penn Oil Co., 1937, 300 U.S. 481, 57 S.Ct. 569, 81 L.Ed. 755; Helvering v. Rankin, 1935, 294 U.S. 700, 55 S.Ct. 506, 79 L.Ed. 1236. The rule is that on ultimate findings “the court may substitute its judgment for that of the Board”. Helvering v. Tex-Penn Co., supra, 300 U.S. at page 491, 57 S.Ct. at page 574, 81 L.Ed. 755. We do not intend to go i…

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