Charak v. Durphee
District Court, D. Massachusetts
In Bankruptcy. In the matter of Jacob D. Larkin, bankrupt. Petition by William Charak, receiver, against Chester W. Durphee.
1Opinion of the Court
MORTON, District Judge.
At the time when the involuntary petition in bankruptcy was filed the mortgaged property was in the bankrupt’s possession. Thereafter, and before the appointment of a receiver, the mortgagee took possession of it for the purpose of foreclosure. The question is whether he should be allowed to proceed with the sale. The receiver objects to his doing so, and has petitioned for authority to take and sell the property himself.
In Re Wellmade Gas Mantle Co., 233 Fed. 250, 147 C. C. A. 256, it was held by the Court of Appeals for this circuit that a person from whom goods had…
2Cases cited2 opinions
- In re FriedlaenderCourt of Appeals for the First Circuit · 1916
- George B. Matthews & Sons v. Joseph Webre Co.District Court, E.D. Louisiana · 1914
3Cited by3 opinions
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- Straton v. NewSupreme Court of the United States · 1931
- First Savings Bank & Trust Co. v. ButlerCourt of Appeals for the Eighth Circuit · 1922