Wilson v. Citizens' Trust Co.
District Court, S.D. Georgia
At Law. Action by J. B. Wilson, trustee of Tedder & Oliver, bankrupts, against the Citizens’ Trust Company. On motion to dismiss.
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At Law. Action by J. B. Wilson, trustee of Tedder & Oliver, bankrupts, against the Citizens’ Trust Company. On motion to dismiss. J. B. Wilson, as trustee of Tedder & Oliver, bankrupts, brought his bill in equity against the Citizens’ Trust Company, a banking corporation of Savannah, On., in which he alleged that a petition in involuntary bankruptcy was filed against Tedder & Oliver on December 1, 1915, and that thereafter said firm, and the individual members thereof, were duly adjudicated bankrupts ; that on November 17, 1915, the said, firm was insolvent, which insolvency was known to the…
1Opinion of the CourtLambdin, District Judge
(after stating the facts as above). This matter is before me on the motion which the defendant filed, as above stated, to dismiss the plaintiff’s equitable petition. On the hearing before me, plaintiff’s counsel admitted that he had no cause of action under section 67e of the Bankruptcy Act, but was proceeding entirely under section 60b; and he further admitted that the bill should be considered as a suit at law, rather than a suit in equity, and should [therefore be transferred to the law docket, and such direction is given to the case.
[1,2] 1. The first question in the case is one of…
2Cases cited7 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
- Mechanics' and Metals Nat. Bank of City of New York v. ErnstSupreme Court of the United States · 1913
- Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
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3Cited by7 opinions
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Union Bank & Trust Co. of Helena v. LobleCourt of Appeals for the Ninth Circuit · 1927
- Joseph F. Hughes & Co. v. MacHenCourt of Appeals for the Fourth Circuit · 1947
- Drugan v. CrabtreeCourt of Appeals for the Fourth Circuit · 1924
- Patten v. Hill CountyCourt of Appeals of Texas · 1927
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