Sherer-Gillett Co. v. Pilsbury
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge._ Proceeding by the Sherer-Gillett Company against A. L. Pilsbury, trustee in bankruptcy of Henry C. Bentz, and others. A petition for an order requiring a surrender by the trustee of certain property was denied (267 Fed. 606), and the claimant brings a petition to superintend and revise the order.
1Opinion of the Court
WALKER, Circuit Judge.
Under a written instrument executed in April, 1919, Henry C. Bentz acquired from the petitioner, Sherer-Gillett Company, a display counter, which was in the possession of Bentz when he was adjudged bankrupt op July 2, 1919. The counter *596■was not listed by the bankrupt on his schedules as an asset of his estate, and the petitioner was not listed as a creditor. The trustee in bankrupty took possession of the counter, and undertook to sell it as a part of the assets of the bankrupt estate, without giving any notice to the petitioner of the pendency 'of the bankruptcy…
2Cases cited3 opinions
- Barber Asphalt Paving Co. v. St. Louis Cypress Co.Supreme Court of Louisiana · 1908
- Doullut v. RushSupreme Court of Louisiana · 1917
- Stevens v. Older & ChandlerSupreme Court of Louisiana · 1874
3Cited by5 opinions
- County of Sacramento v. Assessment Appeals Board No. 2California Court of Appeal · 1973
- In Re TrahanDistrict Court, W.D. Louisiana · 1968
- First National Bank of Fort Smith v. PhillipsCourt of Appeals for the Fifth Circuit · 1958
- First National Bank Of Fort Smith, Arkansas v. H. A. PhillipsCourt of Appeals for the First Circuit · 1958
- Best Trailer Sales, Inc. v. William C. Smith, Trustee in Bankruptcy for Charles Ernest Douglas, BankruptCourt of Appeals for the Fifth Circuit · 1968