Thomas J. Fitzgerald, Trustee in Bankruptcy v. W. F. Sebel Co., Inc., in the Matter of Mario John Benedetti, Bankrupt

PICKETT, Circuit Judge.

This appeal presents the question of the jurisdiction of the bankruptcy court to recover in a summary proceeding property deposited in the United States mail by a bankrupt before the filing of a petition in bankruptcy but delivered by the postal department to the addressee one day after such filing. The referee sustained its jurisdiction, and the district court, on petition for review, held that the bankruptcy court did not have summary jurisdiction to determine the issue.

The facts are not in dispute. Mario John Benedetti was engaged in the jewelry business in Trinidad,…