Legal Opinion

First Nat. Bank of Chicago v. Chicago Title & Trust Co.

Supreme Court of the United States

Decided May 15, 1905No. 139PublishedCited by 118 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The petition for certiorari represented: “ 1. That for some years prior to the 10th day of May, 1901, Alexander Rodgers was a wholesale dealer in seeds in the city of Chicago, Illinois, and that on said day he was adjudged a bankrupt by the District Court of the United States for the Northern District of Illinois, and the Chicago Title and Trust Company, respondent herein, was duly appointed receiver, and…

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The petition for certiorari represented: “ 1. That for some years prior to the 10th day of May, 1901, Alexander Rodgers was a wholesale dealer in seeds in the city of Chicago, Illinois, and that on said day he was adjudged a bankrupt by the District Court of the United States for the Northern District of Illinois, and the Chicago Title and Trust Company, respondent herein, was duly appointed receiver, and subsequently trustee, of the estate of said bankrupt. “2. That the National Storage Company, respondent, is a corporation…

1Opinion of the CourtChief Justice Fuller

In the view we take of the case, the petition for certiorari sufficiently discloses the facts. If the proceeding in the District Court was a proceeding in bankruptcy and not an independent suit, no appeal lay to the Circuit Court of Appeals, and the jurisdiction of that court was confined to revision in matter of law “on due notice and petition” under clause b of section 24.

The distinction between steps in bankruptcy proceedings proper and controversies arising out of the settlement of the estates of bankrupts is recognized in sections 23, 24 and 25 of the present act, and the provisions as…

2Cases cited11 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  3. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  4. Hutchinson v. OtisSupreme Court of the United States · 1903
  5. Marshall v. KnoxSupreme Court of the United States · 1873

6 more not listed; retrieve them via the Exa API.

3Cited by118 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Coder v. ArtsSupreme Court of the United States · 1909
  3. May v. HendersonSupreme Court of the United States · 1925
  4. Babbitt v. DutcherSupreme Court of the United States · 1910
  5. Skilton v. . CodingtonNew York Court of Appeals · 1906

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