Carr v. Gale
U.S. Circuit Court for the District of Maine
At law. This was an action of trover brought by [Joshua TV.] Carr as assignee of Saruuel C. Hemenway, one of the defendants, against Stephen Gale and Hemenway, for the conversion of a store of goods in Bangor. The plaintiff claimed them as part of the estate of Hemenway, which should have been surrendered to him as his as-signee. The defendants claimed them as the proper goods of Gale, in the possession of Hemenway as his agent.
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At law. This was an action of trover brought by [Joshua TV.] Carr as assignee of Saruuel C. Hemenway, one of the defendants, against Stephen Gale and Hemenway, for the conversion of a store of goods in Bangor. The plaintiff claimed them as part of the estate of Hemenway, which should have been surrendered to him as his as-signee. The defendants claimed them as the proper goods of Gale, in the possession of Hemenway as his agent. The defendants pleaded separately the general issue, and the jury returned a verdict for the plaintiff for $5,030.43. The defendants filed a motion for setting aside…
1Opinion of the Court
WARE, District Judge.
The first question raised by the defendants’ counsel is one as to the jurisdiction of the court. It is denied that this court has jurisdiction over the case, at least as to one of the defendants, Hemen-way, and that if any action can be maintained against him, this can be only in the district court. The 6th section of the bankrupt law [5 Stat. 443] gives to the district court jurisdiction over all matters and proceedings in bankruptcy in the most comprehensive terms, and this jurisdiction is declared to extend in all cases and controversies arising between the bankrupt…
2Cases cited1 opinion
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
3Cited by1 opinion
- J. G. White & Co. v. Ball Engineering Co.Court of Appeals for the Second Circuit · 1924