Seegmiller v. Day
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Edwin C. Day, trustee in bankruptcy of the Chicago Folding Box Company, against Charles H. Seegmiller. Decree for complainant, and defendant appeals.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Edwin C. Day, trustee in bankruptcy of the Chicago Folding Box Company, against Charles H. Seegmiller. Decree for complainant, and defendant appeals. The trustee of the bankrupt corporation filed a plenary bill in equity against appellant and another, alleging they were directors of the corporation, that while the corporation was insolvent these directors declared and paid dividends in reduction of the capital stock of the corporation, a largo amount of which…
1Opinion of the CourtAlschurer, Circuit Judge
(after stating the facts as above). [1 ] No other ground for federal jurisdiction appears than such as arises under the Bankruptcy Act, and it is maintained for appellant that the District Court did not have jurisdiction of the action. Section 23b of the Bankruptcy Act, as amended by Act June 25, 1910, c. 412, § 7, provides:
“Suits, by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed…
2Cases cited3 opinions
- In re Beachy & Co.District Court, E.D. Wisconsin · 1909
- In re Crystal Spring Bottling Co.District Court, D. Vermont · 1899
- Hilliard v. LymanU.S. Circuit Court for the District of Vermont · 1905
3Cited by16 opinions
- Schumacher v. BeelerSupreme Court of the United States · 1934
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Stodd v. GoldbergerCalifornia Court of Appeal · 1977
- Aiken v. InsullCourt of Appeals for the Seventh Circuit · 1941
- In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
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