Legal Opinion

Security Warehousing Co. v. Hand

Court of Appeals for the Seventh Circuit

Decided January 2, 1906No. 1,090PublishedCited by 24 opinions

Appeal from the District Court of the United States for the Eastern District of Wisconsin. On a creditors' petition in bankruptcy, filed October 5, 1903, against the Racine Knitting Company, a corporation engaged in manufacturing hose and other knit goods, with factories at Racine and Stevens Point, Wis., the knitting company on October 26, 1903, was adjudged a bankrupt, and appellees were appointed receivers and later were elected trustees.

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Appeal from the District Court of the United States for the Eastern District of Wisconsin. On a creditors' petition in bankruptcy, filed October 5, 1903, against the Racine Knitting Company, a corporation engaged in manufacturing hose and other knit goods, with factories at Racine and Stevens Point, Wis., the knitting company on October 26, 1903, was adjudged a bankrupt, and appellees were appointed receivers and later were elected trustees. Appellees asserted a right to certain merchandise covered by receipts issued by appellant security company. Thereupon that company filed in the…

1Opinion of the CourtBaker, Circuit Judge

1. The motion to dismiss the appeal is based on the contention that *38the record presents a “proceeding in bankruptcy” and not a “controversy arising in the course of bankruptcy proceedings.” The distinction was recently considered by this court in the case of In re Friend, 134 Fed. 778, 67 C. C. A. 500. The pleadings filed by the appellants in the District Court were in substance bills in equity to establish and enforce their liens and right of possession, and to enjoin the appellees from beclouding their rights and disturbing their possession. The District Court, on the initiative of the…

2Cases cited17 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  3. Casey v. CavarocSupreme Court of the United States · 1878
  4. First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
  5. Marshall v. KnoxSupreme Court of the United States · 1873

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
  2. Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
  3. Mason v. WolkowichCourt of Appeals for the First Circuit · 1906
  4. Hastings v. Lincoln Trust Co.Washington Supreme Court · 1921
  5. In re LiceCourt of Appeals for the Eighth Circuit · 1910

19 more not listed; retrieve them via the Exa API.

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