Harris v. First National Bank of Mt. Pleasant

Citations

• 216 U.S. 382
• 30 S. Ct. 296
• 54 L. Ed. 528
• 1910 U.S. LEXIS 1903

Syllabus

<p>Quaere, and not. decided, -whether under § 70e of the Bankruptcy -Act the suits therein referred to can be brought in the bankruptcy court without the consent of the defendant. See contrary views expressed In Hull v. Burr, 153 Fed. Itep. 945; Hurley v. Devlin, 149 ' Fed. Rep. 268,</p> <p>Section 70e of ■ the Bankruptcy Act provides for avoiding transfer of the bankrupt’s property which his creditors might have avoided, and for’recovery of such property, or its value from persons not bona fide holders for value. It does.not, either with or without consent of defendant, give the bankruptcy court jurisdiction of a suit to recover property held by defendant but which, if the allegations of the complaint áre true, belonged to the bankrupt and passed to the trustee.</p> <p>Thte bankruptcy court has not jurisdiction of a suit against a bank to ■ recover securities held by it for indebtedness of the bankrupt on the ground that the debt had been paid.</p>