In re Hadden Rodee Co.
District Court, E.D. Wisconsin
In Bankruptcy. On review of the order of the referee taking jurisdiction of a controversy presented on behalf of the Merchants’ & Miners’ Bank, as petitioner, claiming ownership 'of certain shares of mining stock by purchase for the bank, through the bankrupt; such shares being in the hands of the secretary of the mining company for delivery to the owner.
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In Bankruptcy. On review of the order of the referee taking jurisdiction of a controversy presented on behalf of the Merchants’ & Miners’ Bank, as petitioner, claiming ownership 'of certain shares of mining stock by purchase for the bank, through the bankrupt; such shares being in the hands of the secretary of the mining company for delivery to the owner. It is alleged that such secretary refuses to deliver possession without consent of the trustee in bankruptcy, who claims title or interest therein for the estate; and the relief sought is, in effect, determination of the ownership as between…
1Opinion of the Court
SEAMAN, District' Judge (after stating the facts).
The question of jurisdiction thus presented impresses me as free from difficulty, under the entire line of decisions by the Supreme Court in reference to the bankruptcy jurisdiction conferred by the present act, from Bardes v. Hawarden Bank, 178 U. S. 524, 20 Sup. Ct. 1000, 44 L. Ed. 1175, to Hewit v. Berlin Mach. Works, 194 U. S. 296, 24 Sup. Ct. 690, 48 L. Ed. 986, inclusive. The subject-matter of the petition is the title to or interest in property claimed by the trustee as part of the estate, and “controversies in relation thereto, except…
2Cases cited3 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- In re DraytonDistrict Court, E.D. Wisconsin · 1904
3Cited by3 opinions
- Vadner v. VadnerDistrict Court, D. Nevada · 1918
- McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
- Hyman v. McLendonCourt of Appeals for the Fourth Circuit · 1944