Knauth, Nachod & Kuhne v. Lovell
District Court, N.D. Alabama
In Equity. Suit by Knauth, Nachod & Kuhne against one Lovell, as-trustee in bankruptcy of Knight, Yancey & Co. On defendant’s motion to dismiss the bill. Suit in equity to follow money obtained by false pretenses into assets acquired or claimed by a trustee in bankruptcy of Knight, Yancey & Co. Motion by-the defendant trustee to dismiss the bill of complaint on objections in point of law contained in the answer.
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In Equity. Suit by Knauth, Nachod & Kuhne against one Lovell, as-trustee in bankruptcy of Knight, Yancey & Co. On defendant’s motion to dismiss the bill. Suit in equity to follow money obtained by false pretenses into assets acquired or claimed by a trustee in bankruptcy of Knight, Yancey & Co. Motion by-the defendant trustee to dismiss the bill of complaint on objections in point of law contained in the answer. The bill of complaint sets forth that the complainants parted with their money in New York for certain foreign bills of exchange in foreign money with forged bills of lading attached;…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). Two grounds of the motion only were insisted upon by the trustee:
[1] 1. That the money, of which plaintiffs were defrauded, did not pass into the hands of the bankrupt, but went to reimburse a bank or banks at Decatur, which had discounted the drafts of the bankrupts on one Van Gerpen. I do not think that the averments of the bill show that the drafts were discounted by the Decatur banks. The aver-ments are consistent with the idea that they were deposited for collection and the proceeds credited to the bankrupts in advance of actual collection, but with…
2Cases cited5 opinions
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- In re BrownCourt of Appeals for the Second Circuit · 1912
- Richardson v. Louisville Banking Co.Court of Appeals for the Fifth Circuit · 1899
- First National Bank of Princeton v. LittlefieldSupreme Court of the United States · 1912
3Cited by1 opinion
- In re FerrerDistrict Court, D. Puerto Rico · 1918