In re Linforth
U.S. Circuit Court for the District of California
The petition in this case prayed that the court would order the assignees of the above bankrupts to pay to the petitioner certain moneys in their hands, being the proceeds of goods heretofore sold by the bankrupts, and also turn over certain notes and accounts foy the unpaid purchase-moneys of other goods sold by them. No objection is made to the form of the proceeding.
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The petition in this case prayed that the court would order the assignees of the above bankrupts to pay to the petitioner certain moneys in their hands, being the proceeds of goods heretofore sold by the bankrupts, and also turn over certain notes and accounts foy the unpaid purchase-moneys of other goods sold by them. No objection is made to the form of the proceeding. The goods were obtained, by the bankrupts, from the petitioner, under the following agreement: “Memorandum of agreement made this first day of June, 1876, by and between the Furst & Bradley Manufacturing Company of Chicago,…
1Opinion of the Court
HOFFMAN, District Judge.
In the case of Nutter v. Wheeler [Case No. 10,384], Lowell, J., observes: “It has been settled for a very long time that upon the bankruptcy of a factor his principal may recover of the assignees any of the goods remaining unsold, or any proceeds of such goods which the assignees themselves have received, or which remain specifically distinguishable from the mass of the bankrupt’s property. The action may be brought at law as well as in equity, subject, of course, to the factor’s lien for advances or commissions — and it makes no difference that the factor acted under…
2Cited by5 opinions
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Gindre v. KeanNew York Court of Common Pleas · 1894
- Ludvigh v. American Woolen Co.District Court, S.D. New York · 1910
- Siegel v. Union Assurance SocietyCity of New York Municipal Court · 1915
- Stoneman v. Van VechtenAppellate Division of the Supreme Court of the State of New York · 1899