Courtney v. Shea

Citations

• 225 F. 358
• 140 C.C.A. 382
• 1915 U.S. App. LEXIS 2102

Syllabus

<p>1. Bankruptcy <S=^440—Recovery oe Property—Summary Proceedings.</p> <p>Petitions by a trustee in bankruptcy, praying for a rule against the bankrupt and his wife, requiring them to pay money deposited in a bank in the wife’s name and stock in a building association issued in the wife’s name, and praying for a rule against a third person .individually and as executor, requiring him to show cause why he should not pay to the trustee a sum the bankrupt had paid for stock in a building association and had transferred to such third person, initiate proceedings summary in character, and decisions thereon are reviewablo under Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat. 553 (Comp. St. 1913, § 9808), and are not appealable under section 24a (section 9608) as a controversy arising in bankruptcy proceedings.</p> <p><g^s>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 915; Dec. Dig. £=>440.]</p> <p>2. Bankruptcy £=>440—Recovery of Property—Adverse Claim-Summary Proceedings—’Appeal—Petitions to Revise.</p> <p>The1 remedy to revise in a matter of law given by Bankr. Act, § 24b, and the remedy of appeal under section 24a, are mutually exclusive; and where the proper remedy is to revise, an appeal also taken will be dismissed.</p> <p>[lid. Note.—For other cases, see Bankruptcy, Cent. Dig. § 915; Dec. Dig. •:;. -> ¡ i). |</p> <p>3. Bankruptcy £=>288—Recovery of Property—'Adverse Claims—Summary Proceedings.</p> <p>Where the adverse claim of a third person existing at the time of the filing of the petition in bankruptcy will sustain a judgment in favor of the third person if supported by unoontradicted testimony, the trustee must resort to a plenary suit to recover the property adversely claimed; but where the adverse claim, is merely frivolous, such as that of an agent or bailee holding in the interest of the bankrupt, the trustee may maintain summary proceeding for the recovery