Legal Opinion

Shuman v. Fleckenstein

District Court, D. Oregon

Decided January 30, 1877PublishedCited by 3 opinions

Action [by A. Shuman, assignee, against Henry Fleekenstein] for money had and recovered to the use of the plaintiff under section 35 of the bankrupt act. [14 Stat. 534;] Rev. St. § 512S.

1Opinion of the Court

DEAD!’, District Judge.

This action is brought by the assignee of V. Schmidt, a bankrupt, under section 35 of the bankrupt act (section 5128, Rev. St.), to recover from the defendant the sum of $311, the alleged value of certain property transferred by said bankrupt to the defendant within two months prior to the filing of the petition against him in bankruptcy, contrary to the provisions of said section.

The defendant demurs, and for cause of demurrer assigns that the complaint does not allege a demand and refusal of the property, or any fact showing its conversion by the defendant. The only…

2Cases cited1 opinion

  1. Triscony v. BeasleyCalifornia Supreme Court · 1875

3Cited by3 opinions

  1. Fitzgerald v. Missouri Pac. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1891
  2. Crampton v. Valido Marble Co.Supreme Court of Vermont · 1888
  3. Jackman v. Eau Claire National BankWisconsin Supreme Court · 1905

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