Citizens Bank v. Winner Shingle Co.

Citations

• 96 Wash. 516

Syllabus

<p>Bankruptcy — Claims Against Bankrupt — Allowance — State Courts — Jurisdiction. Where a trustee in bankruptcy admittedly had the legal title to a sum paid into the registry of the state court in satisfaction of a mortgage that had been assigned by the bankrupt as collateral security for a loan, and foreclosed by the holder of the collateral note, the mortgagor, in paying the judgment, cannot assert a preference as a creditor of the bankrupt, and compel the trustee to come into the state court to try title to the funds, where he had no specific lien thereon and did not claim the funds under any antecedent title; since the bankruptcy court has primary jurisdiction of the allowance of claims and the trustee has the choice of forums.</p>