In re Davis
District Court, W.D. Texas
In Bankruptcy. On review of order of referee. The questions submitted for decision arise upon a petition for review filed by the First National Bank of Morgan, Tex., and W. H. Abernathy, challénging an order made by the referee in bankruptcy which required the bank to pay to the trustee in bankruptcy the sum of $3,572.03, with legal interest.
Read the full summary
In Bankruptcy. On review of order of referee. The questions submitted for decision arise upon a petition for review filed by the First National Bank of Morgan, Tex., and W. H. Abernathy, challénging an order made by the referee in bankruptcy which required the bank to pay to the trustee in bankruptcy the sum of $3,572.03, with legal interest. The proceedings are of an involuntary nature, and during their progress a rule was entered by the referee, upon the application of the trustee, commanding the bank and Abernathy to show cause why the money should not be paid over to the trustee. The bank…
1Opinion of the Court
MAXEY, District Judge.
The only question necessary to be considered is whether this court, as a court of bankruptcy, has jurisdiction to compel, by summary process, and over the protest of the First National Bank of Morgan, the payment of the money, deposited with the bank by Drake and the bankrupts, to the trustee in bankruptcy. That jurisdiction exists generally to require, in a summary manner, the bankrupt or a third person to pay over money or to surrender other property in his possession belonging to the bankrupt’s estate, to which no adverse title is asserted, seems to be well settled by…
2Cases cited14 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Reynes v. DumontSupreme Court of the United States · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Union Bank & Trust Co. of Helena v. LobleCourt of Appeals for the Ninth Circuit · 1927
- In re BaconCourt of Appeals for the Second Circuit · 1913
- Wagner v. Citizens' Bank & Trust Co.Tennessee Supreme Court · 1909
- In re Gans & KleinDistrict Court, D. Montana · 1926
- Twentieth Street Bank v. GilmoreCourt of Appeals for the Fourth Circuit · 1934
4 more not listed; retrieve them via the Exa API.