In re Kolin
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois, in Bankruptcy. On November 6, 1903, certain creditors filed in the court below a petition for adjudication of bankruptcy against Kolin, and upon that day a receiver of the estate was appointed, who thereupon took possession of the property of the bankrupt.
Read the full summary
Appeal from the District Court of the United States for the Northern District of Illinois, in Bankruptcy. On November 6, 1903, certain creditors filed in the court below a petition for adjudication of bankruptcy against Kolin, and upon that day a receiver of the estate was appointed, who thereupon took possession of the property of the bankrupt. On November 14, 1903, Louis Tomsik, the appellant here, filed his petition in the bankruptcy proceeding, asserting that on November 5, 1903, Kolin for a valuable consideration sold to him a certain stock of wines, liquors, and cigars, then contained…
1Opinion of the Court
JENKINS, Circuit Judge.
The cause was tried and determined below, and this without objection from either party, upon the question whether the alleged transfer to Tomsik was fraudulent. The court and the parties seem to have overlooked the ruling of this court in Booneville National Bank v. Blakey, 47 C. C. A. 43, 107 Fed. 891, that a receiver is a mere custodian of property taken from the possession *559of the bankrupt until a trustee is appointed; that he does not exercise the powers of a trustee, and while he may take appropriate measures incident to the protection of the property in his…
2Cases cited3 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Boonville Nat. Bank of Boonville v. BlakeyCourt of Appeals for the Seventh Circuit · 1901
- Beach v. Macon Grocery Co.Court of Appeals for the Fifth Circuit · 1902
3Cited by10 opinions
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
- Dempster v. Waters Pierce Oil Co.Court of Appeals for the Eighth Circuit · 1909
- In Re Marcuse & Co.Court of Appeals for the Seventh Circuit · 1926
- Rivoli Drug Co. v. LynchCourt of Appeals for the Ninth Circuit · 1931
- Woodring v. Winner National BankSouth Dakota Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.