Legal Opinion

Sherer-Gillett Co. v. Pilsbury

Court of Appeals for the Fifth Circuit

Decided January 13, 1921No. 3596PublishedCited by 5 opinions

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

  1. Barber Asphalt Paving Co. v. St. Louis Cypress Co.Supreme Court of Louisiana · 1908
  2. Doullut v. RushSupreme Court of Louisiana · 1917
  3. Stevens v. Older & ChandlerSupreme Court of Louisiana · 1874

3Cited by5 opinions

  1. County of Sacramento v. Assessment Appeals Board No. 2California Court of Appeal · 1973
  2. In Re TrahanDistrict Court, W.D. Louisiana · 1968
  3. First National Bank of Fort Smith v. PhillipsCourt of Appeals for the Fifth Circuit · 1958
  4. First National Bank Of Fort Smith, Arkansas v. H. A. PhillipsCourt of Appeals for the First Circuit · 1958
  5. Best Trailer Sales, Inc. v. William C. Smith, Trustee in Bankruptcy for Charles Ernest Douglas, BankruptCourt of Appeals for the Fifth Circuit · 1968

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API