POLAND UNION

v.

FIRST NATIONAL BANK OF HERKIMER ET AL.

Citator

Cited By

• Mack v. Newton, 737 F.2d 1343 (5th Cir. 1984)
  …lier Bankruptcy Manual § 70.30[2] at 1018 (2d ed. 1978) (footnote omitted). It does not give to the Trustee “the creditor’s right to an in personam judgment.” First National Bank of Herkimer v. Poland Union, 109 F. 2d 54, 56 (2d Cir.), cert. denied, 309 U.S. 682, 60 S.Ct. 723, 84 L.Ed. 1026 (1940).13 Accordingly, we reject the Trustee’s conversion theory of recovery. Civil Conspiracy Nor do we find that the Trustee has any cause of action for civil conspiracy. The Texas Supreme Court has held that a gene…
• City of N.Y. v. Rassner, 127 F.2d 703 (2d Cir. 1942)
  …mortgage in toto even though the only creditor entitled to invalidate has an insignificant claim, and proper to distribute the proceeds among all the creditors. See General Motors Acceptance Corp. v. Coller, 6 Cir., 106 F. 2d 584, certiorari denied 309 U.S. 682, 60 S.Ct. 723, 84 L.Ed. 1026; Corley v. Cozart, 5 Cir., 115 F. 2d 119. It would be odd to rely on the theory of Moore v. Bay, supra, to invalidate the mortgage, yet assert that the city stands in different shoes. Furthermore, the bankruptcy trustee…
• In re U.S. Truck Co., Inc. v. U.S. Truck Co., Inc., 800 F.2d 581 (6th Cir. 1986)
  …212. We also find some guidance in two cases that considered the need to adjust the classification of creditors to account for differing postures and interests. In First Nat’l Bank of Herkimer v. Poland Union, 109 F. 2d 54 (2d Cir.), cert. denied, 309 U.S. 682, 60 S.Ct. 723, 84 L.Ed. 1026 (1940), two of the largest accepting creditors of a reorganization plan were also shareholders who stood to profit from a provision in the plan releasing their disputed liability to the debtor. The Second Circuit affirme…