Legal Opinion

Burns v. O'Gorman Co.

U.S. Circuit Court for the District of Rhode Island

Decided November 17, 1906No. 2,803PublishedCited by 2 opinions

At Law. On motion for new hLiL

1Opinion of the Court

BROWN, District Jtu1. A rustee in bankruptcy may sue in trover for a conversion o.í r ⅛ occurring either before or after bankruptcy, and in a declaration >w.y join a count upon the bankrupt’s title and a count upon the nusUv's title. 2 Chitty on Pleading (11th Am. Ed.) 837 et seq.; 1 Chitty on Pleading (11th Am. Ed.) 71.

At the date of üie writ the trustee was vested with the title of the bankrupt in the goods, and with-the bankrupt’s rights of action arising from an tinbiwicl irking of his property. Bankr. Act July 1, 1898, c. 541, § 70a. subd. 5, 6, 30 Stat. 565 [U. S. Comp. St. 1901, p.…

2Cases cited2 opinions

  1. Wilson v. N.Y., N.H. H.R.R. Co.Supreme Court of Rhode Island · 1894
  2. Vaill v. Town CouncilSupreme Court of Rhode Island · 1893

3Cited by2 opinions

  1. Foster v. ZellmanDistrict Court, D. Massachusetts · 1928
  2. Philoon v. BabbittSupreme Judicial Court of Maine · 1920

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