In re Famous Clothing Co.
District Court, W.D. New York
In the matter of the Famous Clothing Company, bankrupt. On-order to show cause why property in the possession of a third person, should not be delivered to the bankrupt’s trustee. Order allowed.
1Opinion of the Court
HAZEL, District Judge.
The referee has the power to make the-order to show cause herein. The cases uniformly hold that a court of bankruptcy has jurisdiction to make an order requiring the bankrupt ,or a third person to deliver to the trustee property in his possession which belongs to the bankrupt. In this case • the property is-withheld or claimed to be withheld by the president of the bankrupt corporation, and, of course, if he is an adverse claimant — that is,, a bona fide claimant to the property — or if his claim is made in good' faith that no money as claimed came into his possession,…
2Cases cited4 opinions
- American Trust Co. v. WallisCourt of Appeals for the Third Circuit · 1903
- In re D. Levy & Co.Court of Appeals for the Second Circuit · 1905
- In re FriedmanDistrict Court, S.D. New York · 1907
- In re New York Car Wheel WorksDistrict Court, W.D. New York · 1904