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· 2/28/1912

In re Trayna & Cohn

Citations

  • 195 F. 486
  • 115 C.C.A. 396
  • 1912 U.S. App. LEXIS 1404

Syllabus

<p>Bankruptcy (§ 217*)—Enjoining Actions at Daw Against Trustee Individually.</p> <p>A bankrupt’s chattel mortgagee is properly enjoined from prosecuting an independent suit against the bankrupt's receiver or trustee as an individual for claimed conversion of the mortgaged property in selling it free of liens, where he did not object to such sale, and afterwards applied to the bankruptcy court for application of the proceeds of the sale in payment of his mortgage.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 49; Dec. Dig. § 217.*]</p> <p>Noyes, Circuit Judge, dissenting.</p>

Judges: Coxe

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