In re MacDonald
District Court, D. Connecticut
In Bankruptcy. On report of special master in the matter of several petitions for possession of personal property in the hands of the trustee. Petition for Possession of Schooner George F. Scannell. To the Honorable James P. Platt, Judge of the District Court of the United States for the District of Connecticut: The petition of Edward H. Jones, master, in behalf of the owners of the schooner George F. Scannell, respectfully shows: First.
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In Bankruptcy. On report of special master in the matter of several petitions for possession of personal property in the hands of the trustee. Petition for Possession of Schooner George F. Scannell. To the Honorable James P. Platt, Judge of the District Court of the United States for the District of Connecticut: The petition of Edward H. Jones, master, in behalf of the owners of the schooner George F. Scannell, respectfully shows: First. That on the 7th day of December, A. D. 1903, he entered into a contract with M. B. MacDonald, the bankrupt herein, for the building of a four-masted schooner…
1Opinion of the Court
PLATT, District Judge.
Upon adjudication, the trustee took title to all property which was then vested in the bankrupt, subject to all valid claims, liens, and equities. The title to the property which the petitioners ask to reclaim was, as appears by the evidence and the report of the special master, vested in them, and not in the bankrupt. Such vesting was based upon contract, and full value for the interests vested had been paid.
The case of the Scannell is a clear one, because physical delivery of possession had been added to the actual title. As to fhe other contracts, it would be a queer…
2Cases cited1 opinion
- Bacon v. The PoconoketDistrict Court, E.D. Pennsylvania · 1895