Sheppard v. Lincoln
District Court, S.D. New York
Action by John S. Sheppard, Jr., as trustee in bankruptcy, etc., against Arthur W. Lincoln. On defendant’s d'emurrer to the declaration.
1Opinion of the Court
HAZEL, District Judge.
This action is brought to set aside as fraudulent a certain transfer of property to the defendant, under and pursuant to section 70, subd. “e” of the bankrupt act (Act July 1, 1898, c. 541, 30 Stat. 566 [U. S. Comp. St. 1901, p. 3452]). The defendant has demurred to the complaint on the ground, inter alia, that the court has no jurisdiction of the action without the consent of the defendant. The question submitted has recently been passed upon and decided by Judge Hand, in Palmer v. Roginsky (D. C.) 175 Fed. 883, and I fed constrained to follow his decision. He…
2Cases cited8 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Harris v. First National Bank of Mt. PleasantSupreme Court of the United States · 1910
- Iowa Lillooet Gold Min. Co. v. BlissU.S. Circuit Court for the District of Northern Iowa · 1906
- Ryttenberg v. ScheferDistrict Court, S.D. New York · 1904
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3Cited by5 opinions
- In re BerryDistrict Court, E.D. Michigan · 1917
- Detroit Trust Co. v. Pontiac Savings BankCourt of Appeals for the Sixth Circuit · 1912
- In re BaconCourt of Appeals for the Second Circuit · 1913
- In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
- In re Independent Book Corp.District Court, S.D. New York · 1940