In re Ironclad Mfg. Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Eastern, District of New York. In the matter of the Ironclad Manufacturing Company, alleged bankrupt. On petition to revise an order of the District Court. This cause comes here upon petition to revise an order denying a motion to require the American Steel Barrel Company to deliver certain property to the receiver for the alleged bankrupt.
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Petition to Revise Order of the District Court of the United States for the Eastern, District of New York. In the matter of the Ironclad Manufacturing Company, alleged bankrupt. On petition to revise an order of the District Court. This cause comes here upon petition to revise an order denying a motion to require the American Steel Barrel Company to deliver certain property to the receiver for the alleged bankrupt. Petitioners contend that such property really belonged to the Iron Clad Company; respondents contend that it belongs to the Barrel Company.
1Per curiam
There is no necessity to go into the details of the case presented, since the matter was disposed of below on a question of jurisdiction. We think that petitioners were entitled to have the bankruptcy, court make a preliminary investigation summarily to determine whether or not the claim of adverse ownership is merely colorable. Under the authorities a bona fide claim of ownership by a third party raises a question which can be disposed of only by plenary suit; but a mere assertion of ownership, which is wholly unfounded, cannot conclude the court as to the disposition of the claim.
As we…
2Cited by6 opinions
- In re MitchellCourt of Appeals for the Second Circuit · 1922
- In re Ironclad Mfg. Co.Court of Appeals for the Second Circuit · 1912
- Standard Planing Mill v. Pacific Coast Paper Co.Court of Appeals for the Ninth Circuit · 1932
- In re Iron Clad Mfg. Co.District Court, E.D. New York · 1912
- In re BaconDistrict Court, W.D. New York · 1912
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