Legal Opinion

Frank v. Vollkommer

Supreme Court of the United States

Decided April 29, 1907No. 184PublishedCited by 43 opinions

ERROR to the supreme court of the state OF NEW YORK. This was a suit commenced in December, 1902, in the Supreme Court of New York for the County of Kings by Joseph -Vollkommer, Jr., as trustee in bankruptcy of the estate of Jacob Vogt, bankrupt, against Solon L. Frank and Samuel Frank, doing business as S. L. & S. Frank, and Jacob Vogt, to set aside an alleged chattel mortgage on certain horses, harness, wagons, etc., given by Vogt to defendants Frank, April 16, 1902, as…

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ERROR to the supreme court of the state OF NEW YORK. This was a suit commenced in December, 1902, in the Supreme Court of New York for the County of Kings by Joseph -Vollkommer, Jr., as trustee in bankruptcy of the estate of Jacob Vogt, bankrupt, against Solon L. Frank and Samuel Frank, doing business as S. L. & S. Frank, and Jacob Vogt, to set aside an alleged chattel mortgage on certain horses, harness, wagons, etc., given by Vogt to defendants Frank, April 16, 1902, as fraudulent, and intended to hinder, delay and defraud creditors. The> mortgagees had taken possession, and creditors…

1Opinion of the Court

Mr. Chief Justice- Fuller,

after making the foregoing statement, delivered the opinion of the court.

Counsel for plaintiffs in error contended below that the state courts had no jurisdiction becausé the suit was brought to determine title to property or a fund in the possession of the District Court of the United States. The bankruptcy act of July 1, 1898, provided that “suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been…

2Cases cited8 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Claflin v. HousemanSupreme Court of the United States · 1876
  3. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  4. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  5. Eyster v. GaffSupreme Court of the United States · 1876

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

3Cited by43 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Murphy v. John Hofman Co.Supreme Court of the United States · 1909
  3. Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
  4. Jones v. SpringerSupreme Court of the United States · 1912
  5. Moore v. HoffmanSupreme Court of Missouri · 1931

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