In re Vogel
U.S. Circuit Court for the District of Southern New York
[In review of the action of the district court of the United States for the Southern district of New York.] This was a petition for a review of an order made by the district court, in bankruptcy. [Case No. 16,983.] The bankrupt [Henry Vogel] filed his voluntary petition on the 5th of October, 1S68. On the 6th he surrendered to the register a stock of merchandise. On the 7th he was adjudged a bankrupt.
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[In review of the action of the district court of the United States for the Southern district of New York.] This was a petition for a review of an order made by the district court, in bankruptcy. [Case No. 16,983.] The bankrupt [Henry Vogel] filed his voluntary petition on the 5th of October, 1S68. On the 6th he surrendered to the register a stock of merchandise. On the 7th he was adjudged a bankrupt. On the 6th, and also on the 10th, certain creditors of the bankrupt, who had sold to him a part of the merchandise, replevied it by process from a state court, on the ground that the purchase of…
1Opinion of the Court
NELSON, Circuit Justice.
The question involved in this case has been several times before me, not, perhaps in the precise shape in which it is now presented, but involving substantially the same principle, and that is, whether or not all the property of a bankrupt, in his actual possession at the time of the filing of the petition in bankruptcy, passes into the hands of the assignee the instant he is appointed.
I have regarded the several provisions of the act of congress, that are specially referred to in the opinion of the district judge, as decisive *1241in favor- of the affirmative of this…
2Cited by5 opinions
- Hanchett v. WaterburyIllinois Supreme Court · 1885
- Lehman v. RosengartenU.S. Circuit Court for the District of Eastern Michigan · 1885
- In re GutmanDistrict Court, S.D. New York · 1902
- In re LitchfieldDistrict Court, E.D. Michigan · 1882
- Southern v. FisherSupreme Court of South Carolina · 1875