Hutcherson v. Jeffrey

MAJOR, Circuit Judge.

This is an appeal from an order in favor of appellee, trustee in a bankruptcy proceeding, entered April 8, 1942, reversing an order of the Referee favorable to appellant.

On the merits, the controversy involves the effect to be given an assignment of a judgment by Grover C. Hutcherson (the bankrupt) to his brother, Charles W. Hutcherson (appellant). The contention is also made that the issue is one which could be determined only by plenary suit, and that, the trustee having proceeded by summary action, the court was without jurisdiction.

Grover C. Hutcherson, who had long…