In re Benedict
District Court, E.D. Wisconsin
In Bankruptcy. On petition for appointment of ancillary receiver. This petition, signed and duly verified by three of the principal creditors of the alleged bankrupt, recites: First. The filing of an involuntary petition against the alleged bankrupt in the Northern District of Illinois. Second.
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In Bankruptcy. On petition for appointment of ancillary receiver. This petition, signed and duly verified by three of the principal creditors of the alleged bankrupt, recites: First. The filing of an involuntary petition against the alleged bankrupt in the Northern District of Illinois. Second. The appointment of E. C. Day as receiver of the moneys, credits, and effects of the alleged bankrupt; and copies of the involuntary petition and proceedings are annexed showing the appointment and qualification of said Day as such receiver. Third. That the alleged bankrupt was conducting an extensive…
1Opinion of the Court
QUARLES, District Judge.
The question raised by this application is one of interest to the profession, and of great importance in the administration of the present bankrupt act. Conflicting rulings have already been made in several courts of bankruptcy. Text-writers throw little light upon the subject, and I have therefore concluded, in deciding this application, to write an opinion, and collate the authorities upon the several propositions involved.
The primary purpose of the bankruptcy court, and its first duty in point of time, is to collect and bring into custody the assets of the estate,…
2Cases cited20 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Booth v. ClarkSupreme Court of the United States · 1855
- Hale v. AllinsonSupreme Court of the United States · 1903
- Bank v. ShermanSupreme Court of the United States · 1880
- Great Western Mining & Manufacturing Co. v. HarrisSupreme Court of the United States · 1905
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3Cited by5 opinions
- Dempster v. Waters Pierce Oil Co.Court of Appeals for the Eighth Circuit · 1909
- Fidelity Trust Co. v. GaskellCourt of Appeals for the Eighth Circuit · 1912
- Wilkinson v. WalkerDistrict Court, N.D. Texas · 1923
- Cruchet v. Red Rover Min. Co.U.S. Circuit Court for the District of Massachusetts · 1906
- Fletcher v. Murray Commercial Co.Washington Supreme Court · 1913