Bonvillain v. American Sugar Refining Co.
District Court, E.D. Louisiana
1. BANKRUPTCY The right of action oí a plaintiff in an action to recover threefold damages under Act Aug. 27, 1894, c. 349, § 77, 28 Stat. 570 (Comp.
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1. BANKRUPTCY The right of action oí a plaintiff in an action to recover threefold damages under Act Aug. 27, 1894, c. 349, § 77, 28 Stat. 570 (Comp. St. 1910, § 8835), for violation of the anti-trust laws, is one sounding in tort, is not assignable, and does not pass to the plaintiff’s trustee in bankruptcy. 2. Bankruptcy Where moro than four months prior to his bankruptcy a bankrupt for value assigned his interest in a pending suit in which he was plaintiff and did not schedule such interest in the bankruptcy proceedings, notice of the assignment given to the defendant in the suit, required…
1Opinion of the CourtFoster, District Judge
(after statiug the facts as above). [1] The bankrupt contends that his rights in the suit are personal and nonassignable, and hence did not pass to the trustee at all. The trustee disputes this and contends that, as no notice of assignment was given the defendants in the suit until after Bonvillain was adjudicated a bankrupt and his trustee elected, the assignment is void and the cause of áction passed to the trustee as an,asset of the estate.
It is conceded that if the claim is not assignable it did not pass to the trustee; and there is no question that, under the law of Louisiana, notice to…
2Cases cited10 opinions
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
- United Copper Securities Co. v. Amalgamated Copper Co.Court of Appeals for the Second Circuit · 1916
- Cleland v. AndersonNebraska Supreme Court · 1902
- Henshaw v. MillerSupreme Court of the United States · 1855
- Sothman v. StateNebraska Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942
- Glenn Coal Co. v. Dickinson Fuel Co.Court of Appeals for the Fourth Circuit · 1934
- Moore v. BackusCourt of Appeals for the Seventh Circuit · 1935
- Delta Theaters, Inc. v. Paramount Pictures, Inc.District Court, E.D. Louisiana · 1958
- Reimer v. CommissionerUnited States Tax Court · 1949
4 more not listed; retrieve them via the Exa API.