Legal Opinion

Fidelity Trust Co. v. Gaskell

Court of Appeals for the Eighth Circuit

Decided April 6, 1912No. 3,572PublishedCited by 22 opinions

Appeal from the District Court of the United States for the Western District of Missouri. Bankruptcy proceedings against Michael C. Simon, individually and as surviving partner. Petition in intervention by the Fidelity Trust Company against Ron H. Gaskell, ancillary receiver. From a judgment for the receiver, the intervener appeals.

1Opinion of the Court

SANBORN, Circuit Judge.

Has a United States District Court, which in the exercise of its ancillary jurisdiction has seized and converted into money the property of a third “person,” a partnership, as the property of a “person,” another partnership, against which proceedings in bankruptcy have been commenced in the court of original jurisdiction, the jurisdiction to restore the proceeds of the property which are still in its possession to a creditor of the true owner, the partnership, against which no proceedings in bankruptcy have been commenced, which is equitably entitled to them? This is…

2Cases cited39 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  3. Reynolds v. StocktonSupreme Court of the United States · 1891
  4. Booth v. ClarkSupreme Court of the United States · 1855
  5. Porter v. SabinSupreme Court of the United States · 1893

34 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Ex Parte BaldwinSupreme Court of the United States · 1934
  2. Butler v. EllisCourt of Appeals for the Fourth Circuit · 1930
  3. Daniel v. Guaranty Trust Co. of NYSupreme Court of the United States · 1932
  4. In Re Schulte-UnitedCourt of Appeals for the Eighth Circuit · 1932
  5. Stone-Ordean-Wells Co. v. MarkCourt of Appeals for the Eighth Circuit · 1915

17 more not listed; retrieve them via the Exa API.

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