In re Clark Realty Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of the bankruptcy of the Clark Realty Company. Petitions by Juliet Gilbert and others against Julius J. Goetz, trustee, and others, by the Citizens’ Savings & Trust Company and A. E. Kuolt, as Commissioner of Banking of the State of Wisconsin, against said trustee and others, and by August Richter, Jr., against said trustee.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of the bankruptcy of the Clark Realty Company. Petitions by Juliet Gilbert and others against Julius J. Goetz, trustee, and others, by the Citizens’ Savings & Trust Company and A. E. Kuolt, as Commissioner of Banking of the State of Wisconsin, against said trustee and others, and by August Richter, Jr., against said trustee. From orders of the District Court, affirming orders of the referee, petitioners appeal. The above three appeals all grow out of the bankruptcy of the Clark Realty…
1Opinion of the CourtAnderson, District Judge
(after stating the facts as above). [1] First. As to the appeal of the Citizens’ Saving & Trust Company and Kuolt, commissioner of banking:
It is insisted that the trustee, having abandoned as burdensome the real estate theretofore belonging to the bankrupt, was not entitled to hold the net rents collected by himself and the receiver in bankruptcy; that the trustee’s abandonment of the real estate carried with it the rents he had collected therefrom; that the same reverted to, or the title thereto became vested in, the bankrupt, this being the legal effect of an abandonment; and that the…
2Cases cited9 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Christmas v. RussellSupreme Court of the United States · 1872
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ventura-Louise Properties v. RothmanCourt of Appeals for the Ninth Circuit · 1974
- Mortgage Guarantee Co. v. SampsellCalifornia Court of Appeal · 1942
- View Crest Garden Apartments, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- In Re Hotel St. James Co.Court of Appeals for the Ninth Circuit · 1933
- First Savings Bank & Trust Co. v. StuppiCourt of Appeals for the Eighth Circuit · 1924
17 more not listed; retrieve them via the Exa API.