In re Holbrook Shoe & Leather Co.

Citations

• 165 F. 973
• 1908 U.S. Dist. LEXIS 191

Syllabus

<p>1. Bankruptcy (§ 225*) — ;Referee—Juki,1ídíction.</p> <p>Where a bankrupt's trustee filed, a petition for a summary order directing a corporation claimed to be a mere agent of the bankrupt to surrender possession of property which the trustee claimed belonged to the bankrupt but which the corporation claimed in its own right, it was the duty of the referee to hoar the testimony in order to determine whether the corporation’s claim was real or merely colorable.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 225.*]</p> <p>2. Bankruptcy (§ 288*) — Adverse Claims to Property — Determination.</p> <p>Jurisdiction to determine claims to a bankrupt’s property by bill in the,nature of a plenary suit does not preclude litigation of the rights of the parties in the bankruptcy proceedings, where the trustee applies for an order requiring surrender of possession on the ground that the property held belongs to the bankrupt and is held without color of right.</p> <p>LEd. Note.- — For other cases, see Bankruptcy, Dec. Dig. § 288.*]</p> <p>3. Bankruptcy (§ 225*) — Claims to Property — Referee's Jurisdiction — Extent.</p> <p>Whore, on a claim of a bankrupt's trustee to possession of property In the possession of another, the referee finds that the latter’s claim is iu good faith and probably real, but of doubtful validity or of questionable faith, it should then he determined by a plenary suit: but if he finds that the claim is without any actual merit or legal foundation, he should regard the property as subject to the bankruptcy court’s jurisdiction as property of the bankrupt, and require its surrender to the trustee.</p> <p>[Ed. Note. —For other cases, see Bankruptcy, Dec. Dig. § 223.*]</p> <p>4. Bankruptcy (§ 303*) — Fraudulent Corporations — Claims.</p> <p>Evidence field to warrant a finding that defendant corporation was organized to take over the stock and property of the bankrupt, to hinder and defeat the creditors of the latter, and that property in def