Callahan v. Israel
Massachusetts Supreme Judicial Court
Bill in equity, filed March 2, 1903, by the trustee in bankruptcy of one Davis Kritcher, to recover assets of that bankrupt alleged to be in the possession of the defendant Israel, praying for an accounting with Israel and for other relief.
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Bill in equity, filed March 2, 1903, by the trustee in bankruptcy of one Davis Kritcher, to recover assets of that bankrupt alleged to be in the possession of the defendant Israel, praying for an accounting with Israel and for other relief. The defendant Israel filed a plea in bar, setting up the alleged defences that the suit could not be maintained because, first, the plaintiff did not, before bringing tbe suit, obtain authority from ■the bankruptcy court or referee to bring it, and, second, because the counsel, who brought the suit, was counsel for the bankrupt in the bankruptcy…
1Opinion of the CourtBarker, J.
1. The first question raised by the plea is whether the fact that the plaintiff, who is a trustee in bankruptcy, brought the suit without first obtaining leave of the court by which he was appointed or of its referee, is a good defence.
Section 47 of the bankruptcy act of 1898, clause 2, requires trustees to “ collect and reduce to money the property of the estates for which they are trustees, under the direction of the court, and close up the estate as expeditiously as is compatible with the best interests of the parties in interest.”
Because of the phrase “ under the direction of the court ”…
2Cases cited2 opinions
- Pease v. McQuillinMassachusetts Supreme Judicial Court · 1901
- Keyes v. McKerrowMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Hahlo v. ColeAppellate Division of the Supreme Court of the State of New York · 1906
- Baltimore & Ohio Railroad v. McGill Bros. Rice MillSupreme Court of Arkansas · 1932
- Boyle v. Lewiston Trust Co.Supreme Judicial Court of Maine · 1927
- Whitfield v. KernNew Jersey Court of Chancery · 1936
- Abele v. S. A. Meagher Co.Massachusetts Supreme Judicial Court · 1917
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