State Bank of Chicago v. Cox
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. This is a suit in assumpsit, by the trustee in bankruptcy, to recover assets of the bankrupt which were appropriated by State Bank of Chicago, plaintiff in error, through attachment and garnishee process, pending the proceedings in bankruptcy; and the writ of error is from the judgment, upon verdict, for $2,692.36 against the bank.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. This is a suit in assumpsit, by the trustee in bankruptcy, to recover assets of the bankrupt which were appropriated by State Bank of Chicago, plaintiff in error, through attachment and garnishee process, pending the proceedings in bankruptcy; and the writ of error is from the judgment, upon verdict, for $2,692.36 against the bank. The bankruptcy proceedings were in the District Court of the United States for the Western District of New York, against Muskoka Lumber Company, a New…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts). Error is assigned for want of jurisdiction in the Circuit Court—that the requisite amount was not involved in the controversy—and the right to entertain the suit must be ascertained before inquiry is open upon the merits. The declaration contains the common counts and a special count, and each states the amount and value involved to be $5,000. In the special count it is averred, in substance, that the plaintiff in error caused the seizure of money and goods of the bankrupt and appropriated to its own use the money and proceeds of the goods of the value and to the…
2Cases cited17 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Barry v. EdmundsSupreme Court of the United States · 1886
- Scott v. DonaldSupreme Court of the United States · 1897
- Bank v. ShermanSupreme Court of the United States · 1880
- Schunk v. Moline, Milburn & Stoddart Co.Supreme Court of the United States · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
- Corbett v. RiddleCourt of Appeals for the Fourth Circuit · 1913
- In Re Oxford Marketing, Ltd.District Court, N.D. Illinois · 1978
- In re YoungstromCourt of Appeals for the Eighth Circuit · 1907
- Chambers v. KirkSupreme Court of Oklahoma · 1914
18 more not listed; retrieve them via the Exa API.