Goodall v. Tuttle
District Court, W.D. Wisconsin
In bankruptcy. This was a suit by Ira E. Goodall, assignee of the Rock River Insurance Company, bankrupt, appointed by the district court of the Eastern district of Wisconsin, where the bankruptcy proceedings were pending against L. S. Tuttle, a resident of this district, to collect a debt claimed in favor of the bankrupt’s estate, being a premium note given by the defendant for insurance issued to him. The defendant filed a plea to the jurisdiction of the court.
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In bankruptcy. This was a suit by Ira E. Goodall, assignee of the Rock River Insurance Company, bankrupt, appointed by the district court of the Eastern district of Wisconsin, where the bankruptcy proceedings were pending against L. S. Tuttle, a resident of this district, to collect a debt claimed in favor of the bankrupt’s estate, being a premium note given by the defendant for insurance issued to him. The defendant filed a plea to the jurisdiction of the court. This was one of a large number of similar suits, and was made a test case.
1Opinion of the Court
HOPKINS, District Judge.
The defendant claims that an assignee in bankruptcy cannot sue to collect the assets of the bankrupt, in any other district court than where the bankruptcy proceedings are pending. It presents a question upon which there exists some diversity of opinion among the district judges. I have therefore held it some time for examination. As far as I have seen, all the cases reported under the bankrupt act of 1841, sustain the jurisdiction, while nearly all made or published under the present act, are against its existence; but what is very strange, reference is in only one of…
2Cases cited4 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Dresser v. BrooksNew York Supreme Court · 1848
- Attorney General ex rel. Schantz v. BrunstWisconsin Supreme Court · 1854
3Cited by4 opinions
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Williams v. AustrianSupreme Court of the United States · 1947
- Scott v. George's Creek Coal & Iron Co.District Court, D. Maryland · 1913
- Williams v. AustrianSupreme Court of the United States · 1947