Knapp & Spencer Co. v. Drew
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Nebraska. On December 15, 1902, Knapp & Spencer Company, the appellant, joined.two other creditors of Harry Eullen in a petition filed in the court below to adjudicate him a bankrupt. Shortly thereafter the petitioning creditors secured the appointment of a receiver to take charge of the property of the bankrupt pending the proceedings for adjudication and appointment of a trustee.
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Appeal from the District Court of the United States for the District of Nebraska. On December 15, 1902, Knapp & Spencer Company, the appellant, joined.two other creditors of Harry Eullen in a petition filed in the court below to adjudicate him a bankrupt. Shortly thereafter the petitioning creditors secured the appointment of a receiver to take charge of the property of the bankrupt pending the proceedings for adjudication and appointment of a trustee. He took into his possession as such receiver, among other items, about $4,000 in money belonging to the bankrupt. Subsequently in bringing…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). 1. Appellant first contends that it was an adverse claimant of the money in question and could not be proceeded against summarily by motion, hut was entitled to defend itself and justify its adverse claim in a plenary suit instituted by the trustee for the recovery of the money. This position, we think, is totally untenable. Appellant made no such claim in its original answer to the order to show cause. On the contrary it denied positively and under oath that, it had ever received the money from the bankrupt as charged. Notwithstanding there was no issue *416of…
2Cases cited5 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Bryan v. BernheimerSupreme Court of the United States · 1901
- White v. SchloerbSupreme Court of the United States · 1900
- In re RochfordCourt of Appeals for the Eighth Circuit · 1903
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- Patents Process, Inc. v. DurstCourt of Appeals for the Ninth Circuit · 1934
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