Constad v. Buell
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; Kenesaw M. Landis, Judge. In the matter of Sophia M. Gold, bankrupt. From a decree denying their petition to reclaim property, William W. Constad and Morris Newman, doing business as Wm. W. Constad & Company, appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern. District of Illinois; Kenesaw M. Landis, Judge. In the matter of Sophia M. Gold, bankrupt. From a decree denying their petition to reclaim property, William W. Constad and Morris Newman, doing business as Wm. W. Constad & Company, appeal. The bankrupt, who was a furrier doing a retail business in the city of Chicago, on or about August 10, 1910, approached appellants, who were whole-; sale furriers in the city of New York, with a view to securing a line of credit in the purchase of furs. She…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating tbe fact's as above). [1J Section 47a(2) of the Bankruptcy Act as the same was amended by the act of June 25, 1910, reads as follows, viz.:
“And such trustee, as to all property in the custody or coining into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon; and also, as to all property not in the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a judgment creditor holding an execution duly returned…
2Cases cited22 opinions
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Doane v. LockwoodIllinois Supreme Court · 1886
- Fawcett, Isham & Co. v. Osborn, Adams & Co.Illinois Supreme Court · 1863
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3Cited by7 opinions
- In Re WeissmanCourt of Appeals for the Second Circuit · 1927
- Arbuthnot v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1915
- Lowell v. BrownCourt of Appeals for the First Circuit · 1922
- In re Pittsburg-Big Muddy Coal Co.Court of Appeals for the Seventh Circuit · 1914
- In Re RhineDistrict Court, D. Colorado · 1965
2 more not listed; retrieve them via the Exa API.