In re Butterwick

Citations

• 131 F. 371
• 1904 U.S. Dist. LEXIS 201

Syllabus

<p>1. Bankruptcy Act — Property Passing to Trustee — Rights or Execution Creditors — Local Law.</p> <p>By Bankr. Act July 1, 1898, c. 541, § 70, 30 Stat 565 [U. S. Comp. St. 1901, p. 3451], the trustee is vested by operation of law with the title of the bankrupt, as of the date when he was adjudged a bankrupt, to, inter alia, all property which, prior to the filing of the petition, he could by any means have transferred, or which might have been levied upon and sold under judicial process against him. The trustee, by this, does not simply stand in the shoes of the bankrupt, but is invested with the rights of his execution creditors as well; and this is to be determined by the local law.</p> <p>2. Same — Conditional Sales — Reclamation of Goods fob Nonpayment of Pbice.</p> <p>Where, therefore, in a case arising in Pennsylvania, goods are sold and delivered to a bankrupt at a specified price and on definite terms, a super-added agreement that tbe title shall remain in the seller until the price is paid is without avail as against creditors, and the goods cannot bo reclaimed by tbe seller; the title to them vesting in the trustee.</p>