Legal Opinion

In re Miller & Brown (1)

District Court, M.D. Pennsylvania

Decided March 14, 1905No. 549PublishedCited by 7 opinions

In Bankruptcy. Sur petition of the Magee Carpet Company for order on trustee to turn over property.

1Opinion of the Court

ARCHBALD, District Judge.

In cases of this character the local law governs, the title of the trustee being determined by the question whether the arrangement with regard to the property is good as against creditors. If it is, the property may be reclaimed; but, if not, it cannot be. Hewit v. Berlin Machine Works, 194 U. S. 296, 24 Sup. Ct. 690, 48 L. Ed. 986; In re Butterwick, 12 Am. Bankr. R. 536, 131 Fed. 371. The decisions upon the subject in Pennsylvania are numerous, *869but they uniformly and consistently hold that, where goods are found in the possession of a debtor, to whom they have been…

2Cases cited12 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  3. Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
  4. Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
  5. Ott v. SweatmanSupreme Court of Pennsylvania · 1895

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Crenshaw v. AllenCourt of Appeals for the Ninth Circuit · 1912
  2. In re WellsDistrict Court, M.D. Pennsylvania · 1905
  3. Thomas v. Field-Brundage Co.Court of Appeals for the Eighth Circuit · 1914
  4. In re LandisDistrict Court, E.D. Pennsylvania · 1907
  5. Sherman & Sons v. United Clothing StoresCourt of Appeals of Kentucky (pre-1976) · 1926

2 more not listed; retrieve them via the Exa API.

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