Sternberg v. City National Bank of Fort Smith
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlcmd, Chancellor; STATEMENT OE FACTS. On application of a creditor, the chancery court at Fort Smith, Arkansas, appointed a receiver to take charge of the property of the Adams-Cooper Sales Company as an insolvent corporation. The company was engaged in selling automobiles at retail in the city of Fort Smith at the time the receiver was appointed.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlcmd, Chancellor; STATEMENT OE FACTS. On application of a creditor, the chancery court at Fort Smith, Arkansas, appointed a receiver to take charge of the property of the Adams-Cooper Sales Company as an insolvent corporation. The company was engaged in selling automobiles at retail in the city of Fort Smith at the time the receiver was appointed. The receiver took charge of certain automobiles owned by the company and sold them under direction of the court and ■ held the money subject to the further orders of the court.…
1Opinion of the Court
Hart, J.,
(after stating the facts). It may he stated at the. outset that, prior to the amendment of the bankruptcy act in 1910, the trustee in bankruptcy was vested with no better right or title to the property of the bankrupt than the latter had when the trustee’s title accrued. York Mfg. co. v. Cassell, 201 U. S. 344.
Section 47a-2 of the bankruptcy act, as amended in 1910, gives to a trustee in 'bankruptcy “the rights, remedies and powers to a creditor holding- a lien by legal or equitable proceedings thereon.” See, also, Fairbanks Shovel Company v. Wills, 240 U. S. 642. In that case the…
2Cases cited6 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting CompanySupreme Court of the United States · 1915
- Bryant v. Swofford Bros. Dry Goods Co.Supreme Court of the United States · 1909
- Jones v. Bank of CommerceSupreme Court of Arkansas · 1917
- Starnes v. BoydSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Home Fire Insurance v. WraySupreme Court of Arkansas · 1928
- Miller Rubber Co. v. McKennonSupreme Court of Arkansas · 1921
- Helena Wholesale Grocery Co. v. Interstate Grocer Co.Supreme Court of Arkansas · 1938