Dambmann v. White
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint was as follows: Christian F. A. Dambmann, plaintiff in this suit, assignee of the estate and effects of Oscar Beinstein and Simon Mamlock, bankrupts under the statute of the United States, complains of Patrick J. White and Henry Breslauer, defendants, and alleges against them as follows: Heretofore, to wit: On or about the thirty-first day of March, in the year eighteen…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint was as follows: Christian F. A. Dambmann, plaintiff in this suit, assignee of the estate and effects of Oscar Beinstein and Simon Mamlock, bankrupts under the statute of the United States, complains of Patrick J. White and Henry Breslauer, defendants, and alleges against them as follows: Heretofore, to wit: On or about the thirty-first day of March, in the year eighteen hundred and sixty-nine, at the City and County of San Francisco, the plaintiff was possessed as of his own property, as…
1Opinion
By the Court, Crockett, J.:
The argument on the rehearing has not convinced us that our former opinion ought to be modified. But the point is *452now made for the first time on the appeal, that a State Court had no jurisdiction of the action, and that the plaintiff’s remedy was by some appropriate proceeding in the United States District Court. The authorities are not uniform on the question whether an assignee in bankruptcy can maintain an action in a State Court to recover property disposed of by the bankrupt, in fraud of the Bankrupt Law. But we think the weight of authority, and supported by…
2Cases cited1 opinion
- Gilbert v. PriestNew York Supreme Court · 1871