In re Franklin Lumber Co.
District Court, E.D. Pennsylvania
In the matter of the bankruptcy proceedings of the Franklin Dumber Company. On petition to review a referee’s order, determining the rights of a claimant tinder a contract for a conditional sale of certain personal property.
1Opinion of the Court
J. B. McPHERSON, District Judge.
In my opinion the referee’s conclusion is right, although I am not wholly in accord with the antecedent reasoning. It is to be noted that section 47a2, as amended by the act of June 25, 1910, applies to the present dispute. Under that amendment, if property coming into the custody of the court be claimed by another, the trustee is vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon. An agreement, therefore, which would previously have been valid between the parties — such, for example, as was…
2Cases cited4 opinions
- Ott v. SweatmanSupreme Court of Pennsylvania · 1895
- Brunswick & Balke Co. v. HooverSupreme Court of Pennsylvania · 1880
- Davis v. CromptonCourt of Appeals for the Third Circuit · 1907
- Peek v. HeimSupreme Court of Pennsylvania · 1889
3Cited by7 opinions
- Pacific State Bank v. CoatsCourt of Appeals for the Ninth Circuit · 1913
- In re Dancy Hardware & Furniture Co.District Court, N.D. Alabama · 1912
- In re Pittsburg-Big Muddy Coal Co.Court of Appeals for the Seventh Circuit · 1914
- In re ShipleyDistrict Court, D. Maryland · 1928
- Ellet-Kendall Shoe Co. v. MartinCourt of Appeals for the Eighth Circuit · 1915
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