Commercial Nat. Bank v. Hiller
Court of Appeals for the Fifth Circuit
Appeal from and Petition to Revise Proceedings of the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Bankruptcy proceeding against Dreuil & Co. On a petition by the Canal-Louisiana Bank & Trust Company, judgment was rendered in its favor (205 Fed. 568), and the Commercial National Bank of New Orleans appeals and petitions for a revision.
1Per curiam
In these cases we find no error in the rulings and opinion of the District Court. The fact that the cotton in dispute was found in the possession of the bankrupts is controlling. On the claims made therefor the duty of the bankruptcy court was to turn it over to the rightful possessor, the Canal-Louisiana Bank & Trust Company, the only lawful pledgee of the same. If the cotton or the warehouse receipts-even had been retained by the Commercial National Bank, a different case-might have been presented. *
The petition to revise is denied. The decree appealed from is affirmed.
2Cited by3 opinions
- Arbuthnot v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1915
- Chandler v. Merchants & Mechanics National BankCourt of Appeals of Georgia · 1923
- Commercial Germania Trust & Savings Bank v. W. M. Hoyt Co.Appellate Court of Illinois · 1917