Havens & Geddes Co. v. Pierek

Citations

• 120 F. 244
• 57 C.C.A. 37
• 1903 U.S. App. LEXIS 4483

Syllabus

<p>L Bankruptcy — Jurisdiction of District Court — Suit in Equity.</p> <p>An agreement between a creditor of a bankrupt and bis trustee, by which a fund claimed by the creditor is paid over to the trustee, to be held by him for the creditor’s benefit, subject to the order of the court of bankruptcy, gives that court authority by a summary proceeding to determine the right to the fund as one in its custody; but it is without jurisdiction of a plenary suit in equity for that purpose, brought by the trustee against the creditor, where the latter is a corporation of another state, and does not consent nor appear.</p>