Benjamin v. Central Trust Co.
Court of Appeals for the Seventh Circuit
Petition to Review and Revise Order of the District Court of the United States for the Eastern Division of the Northern District of Illinois, in bankruptcy. In the matter of bankruptcy proceedings of Morris Goldstein and Benjamin Moseson. Petition to review a summary order directing Benjamin Bros, to pay the Central Trust Company, as the bankrupts’ trustee, $8,375 for goods alleged to have been fraudulently transferred by the bankrupts. Reversed, with directions.
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Petition to Review and Revise Order of the District Court of the United States for the Eastern Division of the Northern District of Illinois, in bankruptcy. In the matter of bankruptcy proceedings of Morris Goldstein and Benjamin Moseson. Petition to review a summary order directing Benjamin Bros, to pay the Central Trust Company, as the bankrupts’ trustee, $8,375 for goods alleged to have been fraudulently transferred by the bankrupts. Reversed, with directions. This is an original petition to review and revise a summary order of the District Court directing Benjamin Bros, to pay to the…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] Jurisdiction to review a summary order in bankruptcy proceedings is by original petition under section 24b. Mueller v. Nugent, 184 U. S. 1, 22 Sup. Ct. 269, 46 E. Ed. 405; In re Blum, 202 Fed. 883, 121 C. C. A. 241; Shea v. Lewis, 206 Fed. 877, 124 C. C. A. 537; In re Yorkville Coal Co. (C. C. A.) 211 Fed. 619.
[2] “There are two classes of cases arising under the act of 1898 and controlled by different principles. The first class is where there is a claim of adverse title to property of the bankrupt, based upon a transfer antedating the bankruptcy. The…
2Cases cited5 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- In re Yorkville Coal Co.Court of Appeals for the Second Circuit · 1914
- Blum v. HouserCourt of Appeals for the Seventh Circuit · 1913
3Cited by25 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- In Re Prima Co.Court of Appeals for the Seventh Circuit · 1938
- In re Dressler Producing Corp.Court of Appeals for the Second Circuit · 1919
- In Re Northern Indiana Oil Co., Inc., Fletcher v. SurpriseCourt of Appeals for the Seventh Circuit · 1950
- Gibbons v. GoldsmithCourt of Appeals for the Ninth Circuit · 1915
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