In re Mills

Citations

• 179 F. 409
• 1910 U.S. Dist. LEXIS 280

Syllabus

<p>1. Bankruptcy (§ 21*) — Jurisdiction—Waiver.</p> <p>Where, in a proceeding in bankruptcy against stockholders of a corporation to compel the delivery of their stock to the bankrupt’s trustee, on the theory that an exchange of property for the stock by the bankrupt in tbe first instance was fraudulent, the stockholders, by answering to the merits, waived an objeción to the jurisdiction of the bankruptcy court to determine the issue oD.title to the stock.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 21.*]</p> <p>2. Bankruptcy (§ 250*) — Assets—Title to Corporate Stock — Determination.</p> <p>Where more than four months had elapsed between tbe date of issuing stock of a corporation and that of filing a petition in bankruptcy against M., who organized the corporation and transferred his property in exchange for stock, a part of which he had transferred to others, and in proceedings against such stockholders to recover the stock for the benefit of his estate in bankruptcy, on the theory that the transfer was originally void as to his creditors, it appeared that one of the alleged owners was an infant and that various other transactions and events were involved in determining the title of the stockholders, the matter should be determined in a plenary suit by tbe trustee, and not in a summary proceeding in bankruptcy.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 250.*]</p>