Illinois Surety Co. v. United States ex rel. Kellogg
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Ferdinand A. Geiger, Judge. Action by the United States, for the use and benefit of C. V. Kellogg, trustee in bankruptcy of 'the estate of the Kellogg-Mackay Company, and others, against the Illinois Surety Company.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Ferdinand A. Geiger, Judge. Action by the United States, for the use and benefit of C. V. Kellogg, trustee in bankruptcy of 'the estate of the Kellogg-Mackay Company, and others, against the Illinois Surety Company. Judgment for the United States on demurrers, and defendant brings error. . An action was brought by the United States, for the use of certain trustees and receivers in several bankruptcy proceedings and “any and all other receivers or trustees of estates in bankruptcy…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1] The questions raised by the demurrer involve the determination of the prop-*667c.r parties plaintiff and the proper forum, whether law or equity, in which the bond may be enforced. Plaintiff in error contends either that only the first depositors whose claims aggregate S50,000 are entitled to the benefit of the bond, or if all depositors may share therein, and the claims exceed, as alleged, the penalty of the bond, equity alone lias jurisdiction.
1. In support of the first contention, it is urged that, as the court may from time to time order an increase in…
2Cases cited10 opinions
- Pollard v. BaileySupreme Court of the United States · 1874
- United States ex rel. John Davis Co. v. Illinois Surety Co.Court of Appeals for the Seventh Circuit · 1915
- Guffanti v. . National Surety Co.New York Court of Appeals · 1909
- Alsop v. ConwayCourt of Appeals for the Sixth Circuit · 1911
- Illinois Surety Co. v. United States ex rel. PeelerCourt of Appeals for the Fourth Circuit · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Reconstruction Finance Corp. v. Central Republic Trust Co.District Court, N.D. Illinois · 1935
- In re Singer Furniture Corp.District Court, S.D. New York · 1931
- In Re Endeco, Inc.Court of Appeals for the Eighth Circuit · 1983
- Continental Casualty Co. v. United States ex rel. AinsworthCourt of Appeals for the Seventh Circuit · 1934
- Piper-Howe Lumber Co. v. PadgettNorth Dakota Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.