In re Jackier

Citations

• 179 F. 720
• 1910 U.S. Dist. LEXIS 290

Syllabus

<p>1. Bankruptcy (§ 288*) — Recovery op Goods — Summary Proceedings.</p> <p>A summary order, directing a third person to surrender goods alleged to belong to the bankrupt, claimed to be in the former’s fraudulent custody, could not he made, where the goods could not be followed and sufficiently Identified to enable the marshal to take them into his possession.</p> <p>[E'd. Note. — For other cases, see Bankruptcy, Cent. Dig. § 447; Dec. Dig. § 288.*]</p> <p>2. Bankruptcy (§ 303*) — Recovery op Goods — Action by Trustee — Evidence.</p> <p>In a plenary suit by a bankrupt’s trustee to recover goods alleged to belong to the bankrupt in the fraudulent custody of a third person, the trustee may recover the value of the goods, even if they cannot be precisely identified.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 462; Dec. Dig. '§ 303.*]</p> <p>8. Bankruptcy (§ 287*) — Recovery op Goods — Claim by Third Person-Color op Title — Remedy.</p> <p>• A third person, in possession of goods alleged to belong to the bankrupt, held under claim and color of title, asserting that he had purchased and paid for them, is entitled to retain them until dispossessed in a plenary suit.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 447; Dec. Dig. § 287.*]</p> <p>4. Bankruptcy (§ 288*) — Recovery oe Goods — Confusion of Goods — Identification.</p> <p>Where D.either specific goods nor goods in large lots of the same kind as possessed by the bankrupt could be traced from him to respondent, the doctrine of confusion of goods could not be applied, so as to entitle the bankrupt’s trustee to recover a similar quantity of goods from respondent in summary proceedings.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 447; Dec. Dig. § 288.*]</p>