Legal Opinion

Babbitt v. Dutcher

Supreme Court of the United States

Decided February 21, 1910No. 39PublishedCited by 165 opinions

APPEAL FROM THE DISTRICT COURT OF. THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The Randolph-Macon Coal Company was a Missouri corporation, and was duly adjudicated a bankrupt March 26, 1907, in proceedings instituted in the District Court of the. United States, in and for the Eastern Division of the Eastern Judicial District of Missburi.

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APPEAL FROM THE DISTRICT COURT OF. THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The Randolph-Macon Coal Company was a Missouri corporation, and was duly adjudicated a bankrupt March 26, 1907, in proceedings instituted in the District Court of the. United States, in and for the Eastern Division of the Eastern Judicial District of Missburi. Byron F. Babbitt was duly appointed trustee' in bankruptcy for the corporation May .10, ■ 1907, And duly qualified by giving bond on that day. He thereafter made demand upon the president of the company for the delivery to him of the corporate…

1Opinion of the CourtChief Justice Fuller

Subdivision 1 of §70 of the bankruptcy act of 1898 provides that the trustee of the estate of a bankrupt shall be vested by operation of law, as of the date of the adjudication, with the title of the bankrupt (a 1) to all “ documents relating to his property,” and subdivision 13 of § 1 of the act provides that “'documents’ shall include any book, deed, or instrument in writing.”

' Respondents, as officers of the bankrupt company, asserted no adverse claim, but denied that the corporate records and stock-books were “documents relating to the property of the bankrupt,” and asserted that…

2Cases cited12 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  3. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  4. Bryan v. BernheimerSupreme Court of the United States · 1901
  5. Whitney v. WenmanSupreme Court of the United States · 1905

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3Cited by165 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
  3. Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
  4. May v. HendersonSupreme Court of the United States · 1925
  5. Robertson v. Railroad Labor BoardSupreme Court of the United States · 1925

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