In re Gutwillig

Citations

• 90 F. 481
• 1898 U.S. Dist. LEXIS 13

Syllabus

<p>Bankruptcy — Voluntary Assignment —■ Replevin by Creditor in State Court — Abuse oe Process- Restraining Order.</p> <p>After a voluntary assignment, for tlie benefit of creditors, a vendor of goods alleged to have been purchased by fraudulent representations assigned his claim, and the assignee thereof brought replevin against the voluntary assignee under which a promiscuous seizure was made by the sheriff of goods in possession of the voluntary assignee, including goods not described in the writ ns well as goods manufactured and in process of manufacture: fhe next day involuntary proceedings in bankruptcy were commenced by creditors: on motion to restrain the sheriff from delivery of the goods seized, held (1) that section 28b of the act of July 1, 1898, does not limit the right of a trustee in bankruptcy to sue in such eases in the state courts, that clause being confined to suits which the bankrupt himself might have brought but for proceedings in bankruptcy; (2) that, the abuse of the replevin process, other circumstances in the case, and the proper defense of the rights of creditors in bankruptcy, require that the delivery of the property by the sheriff should be restrained.</p> <p>(Syllabus by the Court)</p>