DAVIS

v.

UNITED STATES

Citator

Cited By (12 total)

• N. Am. Car Corp. v. Peerless Weighing & Vending Mach. Corp. (Rock-Ola MFG. Corp., 143 F.2d 938 (2d Cir. 1944)
  …ms must rest very largely in. the sound discretion of the court, as we have recently held in Kelby v. Prudence-Bonds Corp., 2 Cir., 140 F. 2d 185, 186. See, also, Mohonk Realty Corp. v. Wise Shoe Stores, 2 Cir., 111 F. 2d 287, 289, certiorari denied 311 U.S. 654, 61 S.Ct. 47, 85 L.Ed. 418. But that must be a discretion legally exercised in the light of all the circumstances, and ’ we are constrained to believe here that its exercise was erroneous and amounted to an abuse of the court’s power. As we have se…
• Elias v. Clarke, 143 F.2d 640 (2d Cir. 1944)
  …pen orders previously entered, upon cause shown and in order to prevent manifest injustice. Cf. Rule 60(b); Kroell v. New York Ambassador, Inc., 2 Cir., 108 F. 2d 294; Mohonk Realty Corp. v. Wise Shoe Stores, 2 Cir., 111 F. 2d 287, certiorari denied 311 U. S. 654, 61 S.Ct. 47, 85 L.Ed. 418. Hence we say only that given the facts upon which the master proceeded —that the conversion offer was made in good faith and was not fraudulent — we think his application of the law sound, and his conclusion that the con…
• In re Intaco Puerto RICO, Inc., 494 F.2d 94 (1st Cir. 1974)
  …g., Evans v. Dearborn Movers Co., 200 F. 2d 125 (6th Cir. 1953); North American Car Corp. v. Peerless Weighing & Vending Mach. Corp., 143 F. 2d 938 (2d Cir. 1944); Mohonk Realty Corp. v. Wise Shoe Stores, Inc., Ill F. 2d 287 (2d Cir.), cert, denied, 311 U.S. 654, 61 S.Ct. 47, 85 L.Ed. 418 (1940), were all decided prior to New York v. New York, N. H. & H. Rr., and consequently cannot be considered good authority for this proposition. . We might arguably have reached a different result had the Creditor posse…