Legal Opinion

Page v. Edmunds

Supreme Court of the United States

Decided January 5, 1903No. 100PublishedCited by 56 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The appellant is a resident of Philadelphia, Pa., and. has been a member of the Philadelphia Stock Exchange in good standing since the year 1880. On the 16th of November, 1899,-he was adjudged a voluntary bankrupt in the' District Court for the Eastern District of Pennsylvania, and the cause was referred to Alfred Driver, Esq., referee in bankruptcy.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The appellant is a resident of Philadelphia, Pa., and. has been a member of the Philadelphia Stock Exchange in good standing since the year 1880. On the 16th of November, 1899,-he was adjudged a voluntary bankrupt in the' District Court for the Eastern District of Pennsylvania, and the cause was referred to Alfred Driver, Esq., referee in bankruptcy. In the schedules attached to his petition the appellant did not include as an asset of his estate his membership in the stock exchange. His trustee in bankruptcy cáused the…

1Opinion of the CourtJustice McKeNNA

The case presented by the record is a simple one and does not call for elaborate discussion. Indeed, it has been virtually ruled by this court. Hyde v. Woods, 94 U. S. 523, 525; Sparhawk v . Yerkes, 142 U. S. 1.

Section 70 of the bankrupt act of 1898 provides that the trustee shall be vested with.:

“ The title of the bankrupt, as of the date he was adjudged a.bankrupt, except in so far as it is property which is exempt, to all . . .
“ (3.) Powers which he might have exercised for his own benefit, ...
“ (5.) Property which prior to the filing of the petition he could by any means have transferred…

2Cases cited2 opinions

  1. Sparhawk v. YerkesSupreme Court of the United States · 1891
  2. Hyde v. WoodsSupreme Court of the United States · 1877

3Cited by56 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
  3. Citizens Nat. Bank of Cincinnati v. DurrSupreme Court of the United States · 1921
  4. Eaton v. Boston Safe Deposit & Trust Co.Supreme Court of the United States · 1916
  5. Rogers v. Hennepin CountySupreme Court of the United States · 1916

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