Ward v. . Hargett
Supreme Court of North Carolina
Appeal from W. R. Allen, JSpring Term, 1909, of ONsnow. Civil action, lieard on motion by trustees in bankruptcy to dissolve an attachment.
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Appeal from W. R. Allen, JSpring Term, 1909, of ONsnow. Civil action, lieard on motion by trustees in bankruptcy to dissolve an attachment. The relevant facts are as follows: “On 25 April, 1908, a petition in involuntary bankruptcy was filed against Thomas A. McIntyre in the District Court of the United States for the Southern District of New York, and on 21 May, 1908, the said Thomas A. McIntyre was adjudged a bankrupt, and the petitioners were duly 'appointed trustees of the estate of the said McIntyre, and duly qualified and gave bond on 24 July, 1908. “On 9 June, 1908, after the filing of…
1Opinion of the Court
Hoke, J.,
after stating the case: Under the present statute, on an adjudication of bankruptcy, followed by subsequent appointment of trustees, the property of the bankrupt available for distribution among his creditors, and situate anywhere within the United States or any one of them, passes to such trustees as of the date of the adjudication. Bankrupt Act, sec. 70; Remington on Bankruptcy, secs. 1112, 1116, 1117; Loveland on Bankruptcy, p; 366.
Remington, supra, sec. 1112, is as follows:
“1112.. Title Tests in Trustee by Operation of Law. That is to say, in every part of the world over which…
2Cases cited10 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bank v. ShermanSupreme Court of the United States · 1880
- Reed v. McIntyreSupreme Court of the United States · 1879
- In re Granite City Bank of Dell Rapids, S. D.Court of Appeals for the Eighth Circuit · 1905
- State Bank of Chicago v. CoxCourt of Appeals for the Seventh Circuit · 1906
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- Valdosta Drug Co. v. Mashburn Drug Co.Supreme Court of Georgia · 1936
- Carter v. WhislerCourt of Appeals for the Eighth Circuit · 1921
- Angeloff v. . FreemanSupreme Court of North Carolina · 1934
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