Stellwagen v. Clum
Court of Appeals for the Sixth Circuit
[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 275-277; Dec. Dig. § 181.*] Appeal from the District Court of the United States for the Northern District of Ohio; William ,L. Day, Judge. In the matter of the Georgian Bay Company, bankrupt; Alfred Clum, trustee. From an order denying his petition for surrender of an account, A. C. Stellwagen, trustee for Margaret Zengerle, appeals.
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[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 275-277; Dec. Dig. § 181.*] Appeal from the District Court of the United States for the Northern District of Ohio; William ,L. Day, Judge. In the matter of the Georgian Bay Company, bankrupt; Alfred Clum, trustee. From an order denying his petition for surrender of an account, A. C. Stellwagen, trustee for Margaret Zengerle, appeals. Appellant filed a petition below for an order to compel surrender and transfer to him of certain white pine lumber and a balance due upon a particular open account then in possession of appellee as…
1Per curiam
The ultimate question arising on the hearing here was whether the Bankruptcy Act operated to suspend certain applicable statutory provisions of Ohio (referred to below). We are disposed to hold 'that, if such provisions were suspended, appellant is entitled, in behalf of Margaret Zengerle, to recover; otherwise, the trustee in bankruptcy is entitled to hold the balance due from Schuette & Co. and the lumber rejected by them, and-administer the same as part of the estate of the bankrupt for the benefit of its general creditors.
The reasons for these conclusions in substance are:(1) As between…
2Cases cited34 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Baldwin v. HaleSupreme Court of the United States · 1864
- In Re Watts and SachsSupreme Court of the United States · 1903
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3Cited by5 opinions
- Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
- Irwin v. MapleCourt of Appeals for the Sixth Circuit · 1918
- Fifth Third Nat. Bank v. JohnsonCourt of Appeals for the Sixth Circuit · 1915
- In re SchillingDistrict Court, N.D. Ohio · 1918
- Stellwagen v. ClumCourt of Appeals for the Sixth Circuit · 1918