Hazelwood v. Olinger Building Department Stores, Inc.

The first proposition presented here is that the plaintiff, as receiver of an insolvent corporation, *88has no legal capacity to sue because, the state insolvency laws having been superseded by the federal Bankruptcy Act, the receiver took no title. This assignment of error more properly relates to the second ground of demurrer, viz. that the facts alleged do not constitute a cause of action. Plaintiff has capacity to sue if he has title to the property in question. The appealing defendants predicate their position upon International Shoe Co. v. Pinkus, 278 U. S. 261, 49 Sup. Ct. 108. This case…