Legal Opinion

McNeilly v. Furman

Superior Court of Delaware

Decided March 3, 1953No. 32PublishedCited by 5 opinions

1Opinion of the Court

Southerland, C. J.:

The question presented is whether a right of action jfor wrongful death belonging to a bankrupt passes to the trustee.

The facts are these:

On July 3, 1950, the husband of Daisey Evans Furman was injured in an automobile accident and died as the result thereof. On January 9,1951, the widow brought an action in the Superior Court of Sussex County to recover damages for his death. On December 15, 1951, she was adjudicated a bankrupt and appellant McNeilly was appointed trustee.

On March 20, 1952, the trustee filed a motion in the widow’s suit to he joined as party plaintiff.…

2Cases cited20 opinions

  1. Eaton v. Boston Safe Deposit & Trust Co.Supreme Court of the United States · 1916
  2. Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
  3. Hazzard v. AlexanderSuperior Court of Delaware · 1934
  4. In re BerryDistrict Court, E.D. Michigan · 1917
  5. Weinress v. BlandCourt of Chancery of Delaware · 1950

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Woody's Olympia Lumber, Inc. v. RoneyCourt of Appeals of Washington · 1973
  2. In Re SchmelzerDistrict Court, S.D. Ohio · 1972
  3. McNeilly v. FurmanSupreme Court of Delaware · 1953
  4. United Virginia Bank v. McDonaldRoanoke County Circuit Court · 1982
  5. WOODY'S OLYMPIA LBR., INC. v. RoneyCourt of Appeals of Washington · 1973

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