United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bronx Brass Foundry, Inc. v. Irving Trust Co., 297 U.S. 230 (1936)

Bronx Brass Foundry, Inc. v. Irving Trust Co.

No. 232

Argued December 13, 1935

Decided February 10, 1936

297 U.S. 230

Syllabus

1. The right of a plaintiff in equity to dismiss his bill when the defendant cannot have affirmative relief on the pleadings and can suffer no prejudice save for the vexation and expense of a second suit is subject to modification by rule of court. P. 297 U. S. 231.

2. Under a rule in the Southern District of New York, the bankruptcy court may refuse to permit the withdrawal of a creditor's claim after issue joined upon it. P. 297 U. S. 232.

3. Palmer Clay Products Co. v. Brown, Trustee, ante, p. 297 U. S. 227, followed on a construction of § 60(a), (b), Bankruptcy Act, concerning preferences. P. 297 U. S. 232.

76 F.2d 935 affirmed.

Certiorari, 296 U.S. 565, to review the affirmance of an order denying a claim in bankruptcy.