« PreviousContinue »
under the four months clause in § 35. — Smith v. Little (N. D. III.), 9 N. B. R.
9. Any payment made to a creditor who has committed an act of bankruptcy, made after petition filed, is invalid, whether the debtor knew of the petition or not. Payment made to a creditor against whom no petition has been filed, although he is known to have committed an act of bankruptcy, is good. – Opinion of the Attorney-General, 9 N, B. R. 117.
10. C. conveyed property worth $50,000 to J. to secure a debt for $30,000. The debt was unpaid, and J. reconveyed to C. in accordance with a previous agreement. In less than a year after said reconveyance J. became bankrupt. The state law allowed a preference to be given creditors. Held, that C. was liable in an action by the assignee for the balance over the amount of the debt of $30,000. – Mitchell v. McRibbin (W. D. Penn.), 8 N. B. R. 548. ADVERSARY SUIT; COMPOSITION, 2; JURISDICTION, 11; NOTICE OF INSOL
VENCY ; PROOF OF CLAIM, 12.
GROWING CROPS. Growing crops ought to be entered as personal property in the bankrupt's schedule. - In re Schumpert (N. D. Miss.), 8 N. B. R. 415.
HOMESTEAD. 1. Partners may have the exemptions provided for by the Bankrupt Act allowed out of the firm assets in case the individual assets are insufficient. — In re McKercher and Pettigrew (S. C. Dakota T.), 8 N. B R. 409.
2. A bankrupt filed his petition in May, 1871, and was allowed a homestead ex. emption in August following. After the Amendment of June, 1872, he applied for the further exemption allowed thereby, though the balance of his real estate bad been sold by the assignee. Held, that he was entitled to the additional exemption, and that the assignee should pay him an amount equal thereto. - In re Vogler (W. D. N. C.), 8 N. B. R. 132. See CONSTITUTIONAL LAW, 1, 3, 4, 5, 6; ESTOPPEL.
HUSBAND AND WIFE. By statute of Illinois husband and wife may be partners in business; therefore, when the firm is adjudged bankrupt, creditors of the firm have a preference over creditors of the husband individually. – In re Kinkead (N. D. III.), 7 N. B. R. 439. INDORSER. — See ACT OF BANKRUPTCY, 2; DISCHARGE, 9; PROMISSORY
NOTE; PROOF OF CLAIM, 13.
INFANCY. The Bankrupt Act does not embrace the case of infants. Whether an infant may petition in respect of necessaries for which he is liable, qurere. (In re Book 3 McLean, 317, doubted.) – In re Derby (S. D. N. Y.), 8 N. B. R. 106.
INJUNCTION. 1. The bankruptcy court has authority to enjoin summarily persons who are about to interfere with property in the custody of the officers of the court, as well as to punish such interference and contempt after it has occurred. - In re Ulrick et al. (S. D. N. Y.), 8 N. B. R. 15.
2. A mortgagee advertised the mortgaged premises for sale after bankruptcy of the mortgagor, the sale to be made upon the same terms as were fixed on a sale made previous to the adjudication, with the words “ sold for account of whom it may concern” added. On the previous sale the purchaser, by advice of counsel, refused to take the property. Held, that the district court might enjoin such sale, and that the first sale had no effect on anybody's rights. – Whitman v. Butler (D. R. I.), 8 N. B. R. 487. See CONTEMPT; RES ADJUDICATA.
INSOLVENCY. - See AssiGNMENT.
INSOLVENT Laws. — See JURISDICTION, 3, 14.
INTEREST. Interest may be computed and paid on claims of creditors from the date of adjudication, out of any surplus remaining in the assignee's hands, after the debts, as found at the time of adjudication, are paid. — In re Town (E. D. Mich.), 8 N. B. R. 40. See Proof OF CLAIM, 11. INTEREST OF JUDGE. — See JURISDICTION, 12.
JUDGMENT. 1. A debt may be proved in bankruptcy, though a suit on the same has gone to judgment since the commencement of bankruptcy proceedings. — In re Rosey (S. D. N. Y.), 8 N. B. R. 509.
2. A fund in possession of a state court on which there is a lien by judgment, obtained bonâ fide prior to commencement of bankruptcy proceedings, ordered distributed to those entitled as against the assignee. — Biddle's Appeal (S. C. Penn.), 9 N. B. R. 144. JUDICIARY Act, $ 11.-See JURISDICTION, 7.
JURISDICTION. 1. The lessor of premises ejected his lessee by process in the state court after a petition in bankruptcy was filed against the lessee, and before the assignee was appointed. Held, on application of the assignee, that the lessor put the property into the assignee's hands, or be adjudged in contempt. — In re Steadman (N. D. Ga.), 319.
2. Levy, before commencement of proceedings in bankruptcy, on execution from a state court defeats the claim of the assignee, except to the surplus after the execution is satisfied. So of a landlord upon a warrant of distress. — Wilson v. Childs, Aushutz v. Campbell, In re Weaver (W. D. Penn.), 8 N. B. R. 527.
3. The bankrupt law supersedes the provisions of the state insolvent laws upon all points covered by the bankrupt law. — In re Reynolds (U. S. C. C. R. I.), 9 N. B. R. 50.
4. A second mortgagee cannot take possession of the property mortgaged for the purpose of foreclosure, or to collect the rents and profits, if the bankruptcy court bas assumed jurisdiction over the property of the mortgagor as a bankrupt, even though the first mortgagee does not interfere. He must apply to the bankruptcy court. - Hutchings et al. v. Muzzy Iron Works (D. Me.), 8 N. B. R. 458.
5. A member of a firm died, leaving a will, and making one of his copartners his executor to continue his interest in the firm. Afterwards this executor died intestate, and an administrator gave the bond required by law and took possession of the intestate's interest in the firm. Subsequently petition in bankruptcy was filed against the firm, the probate court being still engaged in settling the intestate's estate. Held, that the bankruptcy court would not assume jurisdiction. In re Daggett (U. S. C. C. Mo.), 8 N. B. R. 433.
6. A mortgagee, having knowledge of a petition in bankruptcy filed by the mortgagor, foreclosed and sold under his mortgage by process in the state court. Held, that the sale was void, and the mortgagee liable for contempt. — Phelps v. Sellick (E. D. Mich.), 8 N. B. R. 390.
7. The circuit court has a jurisdiction under section 2 of the Bankrupt Act, supplementary to and not exclusive of its jurisdiction under the Judiciary Act. An assignee may sue in a state court, with the sanction of the district court where the bankruptcy proceedings are pending, and he may in like manner sue in another district court.
8. Error to the supreme court by an assignee on a decision of a district court other than that where the bankruptcy proceedings were pending, that the court had no jurisdiction in a suit by such assignee to recover property alleged to have een conveyed in fraud of the Bankrupt Act. Decision of the district court reversed. — Shearinan v. Bingham et al. (U. S. S. C.), 7 N. B. R. 490.
9. An assignee cannot maintain an action to recover assets in a district court other than that wherein the bankruptcy proceedings are pending. - Lamb v. Damron (D. Minn.), 7 N. B. R. 509.
10. Mortgagees ought to pursue their rights in the federal courts, though in some instances the latter may in their discretion allow proceedings on mortgages to go on in the state courts. — In re Henry Brinkman (S. D. N. Y.), 7 N. B. R. 421.
11. Bankrupt, being insolvent, transferred property by way of preference, such an act not being contrary to the state law. Held, that the assignee could maintain an action in the state court to recover the same. — Bingham v. Claflin et al. (S. C. Wis.), 7 N. B. R. 412.
12. At the time of the failure of the bankrupt banking-house the presiding circuit judge had a deposit therein, and he sold his claim in good faith to a creditor who wished thus to remove the judge's disqualification to hear the case. Held (by the judge himself), that he was not disqualified to sit. — In re John Sime & Co. (U. S. C. C. Cal.), 7 N. B. R. 407.
13. It was claimed that the district court erred in holding that no valid election of assignee had been had. Held, that the circuit court should not interfere in such a case, it not being one involving any principle of equity, and thus coming under the general superintendence conferred on the circuit court by section 2 of the Bankrupt Act. — Woods et al. v. Buckewell et al. (E. D. Mo.), 7 N. B. R. 405.
14. The district court has jurisdiction under the Bankrupt Act over the property of an alleged bankrupt, although proceedings have been begun in the
state courts under the state insolvent laws. – In re Safe Deposit and Savings Institution (N. D. N. Y.), 7 N. B. R. 392.
15. Section 2 of the Bankrupt Act limits the concurrent jurisdiction of the circuit court to actions by or against the assignee, founded on an adverse interest claimed in some specific thing. Such jurisdiction does not cover the case of a simple debt. But the district court has jurisdiction of all actions between the assignee and third parties. – Bachman v. Packard (U. S. C. C. 0.), 7 N. B.R. 353.
16. The circuit court may by writ of error sued out according to the Judiciary Act, but within ten days, review charges of the court to the jury claimed to have been erroneous in a jury trial in the district court. — Knickerbocker Ins. Co. v. Comstock et al. (U. S. S. C.), 8 N. B. R. 145.
17. A state court has jurisdiction of a suit brought by an assignee to recover assets disposed of by the debtor in fraud of the Bankrupt Act. — Gilbert v. Priest (S. C. N. Y.), 8 N. B. R. 159.
18. L. sued M. and J., partners, individually, on promissory notes of the firm. J. was non-resident, and L. sued out an attachment against him. M. became bankrupt, and L. sequestered funds in the hands of his assignee for money owing to J. from M. Held, that the court had no jurisdiction except to appoint a receiver to represent J. in the bankruptcy court. – Jackson v. Miller (S. C. Cincinnati), 9 N. B. R. 143.
19. An assignee cannot have a foreclosure sale made in a state court with the permission of the bankruptcy court, set aside. — Lenihan v. Haman (N. Y. S. C.), 8 N. B. R. 557.
20. The state court is not ipso facto deprived of jurisdiction over the property of the bankrupt by an adjudication in bankruptcy. But the bankruptcy court has power to direct or suspend proceedings against the bankrupt in the state court, although it will not in its discretion interfere, except to protect the interests of the bankrupt property, or to do justice as between the creditors. - In re Davis (D. Cal.), 8 N. B. R. 167.
21. The district court may set aside a stipulation for discontinuance of bankruptcy proceedings obtained by fraud, but a release given out of court after such discontinuance, though in consideration thereof, cannot be interfered with by said court. The proper state court might act on such release, and the stipulation for discontinuance in the bankruptcy court would be no defence. — In re Bieler (N. D. N. Y), 7 N. B. R. 552.
See APPEAL, 1-3; ATTACHMENT; CONTEMPT ; INFANCY; INJUNCTION, 1; MANDAMUS; PARTNERSHIP, 1; PRACTICE, 4, 11, 12; STATE COURT.
• JURY TRIAL. Where the next term of court would not occur for a year, it was ordered, under section 41, that the issue be tried before a special jury the next week. — In re Hawkeye Smelting Co. (S. C. Utah), 8 N. B. R. 385.
LACHES. — See ATTORNEY; PLEA OF BANKRUPTCY, 1.
LANDLORD AND TENANT. — See Rent.
LIEN. An attachment made under a statutory lien to secure property enough to satisfy the final judgment and to fix the amount of the lien, is good, although made within four months of bankruptcy. — Marshall v. Knox et al. (U. S. S. C.), 8 N. B. R. 97.
See ATTACHMENT; CONSTITUTIONAL LAW, 5; DISCHARGE, 6; FRAUDULENT PREFERENCE, 4, 6, 7; JUDGMENT, 2.
LIFE INSURANCE. 1. Where a creditor took a life insurance policy as security for a debt, he was allowed to prove the amount of his debt, less the cash surrender value of the policy only. – In re Newland (S. D. N. Y.), 7 N. B. R. 477.
2. S., a wife having property of her own, effected a policy on her life payable to her husband, and paid one premium herself, when the husband was adjudicated a bankrupt. Afterwards she paid two more premiums, and then died, the husband having meantime been discharged in bankruptcy. Held, that the busband and not the assignee was entitled to the proceeds of the policy. – In re Owen & Murrin (U.S.C. C. Mo.), 8 N. B. R. 6.
3. A creditor had the bankrupt's life insured pending proceedings to secure his debt, paying the premiums himself. He proved his debt and took dividends. Before the termination of proceedings the bankrupt died, and the creditor received the full amount of the debt from the company. Held, that the assignee was entitled to the surplus after the creditor had deducted enough (with the dividends) to satisfy his claim and the payments of premiums made by him. — In re Newland (S. D. N. Y.), 9 N. B. R. 62.
LIMITATION. The two years mentioned in section 2 within which actions named therein may be brought, applies only to suits over which the circuit court by said section has concurrent jurisdiction. Suits for ordinary debts due the bankrupt prior to adjudication are not included. — Smith v. Crawford (S. D. N. Y.), 9 N. B. R. 38.
MANDAMUS. Mandamus, not writ of error, is the proper method of applying for the aid of the supreme court where the circuit court has, for want of jurisdiction, dismissed a writ of error properly sued out. — Knickerbocker Ins. Co. v. Comstock et al. (U. S. S. C.), 8 N. B. R. 145.
MARRIED WOMEN. A married woman may be adjudged a bankrupt if she has power to make contracts, not otherwise. — In re Rachel Goodman (D). Indian T.), 8 N. B. R. 380.
See HUSBAND AND WIFE; SECURITY.
MARSHAL's Fees. — See Costs, 2.
MILEAGE. — See Costs, 2.
Minors. — See Infancy.