McNulty v. Feingold

Citations

• 129 F. 1001
• 1904 U.S. Dist. LEXIS 328

Syllabus

<p>1. Bankruptcy — District Courts — Jurisdiction.</p> <p>Bankr. Act July. 1, 1898, c. 541, § 2, 30 Stat. 545 [U. S. Comp. St. 1901, p. 3420], conferring on the District Courts of the United States, in the several states, jurisdiction at law and in equity sufficient to enable them to exercise original jurisdiction in bankruptcy, and cause the assets of bankrupts to be collected, reduced to money, and distributed, and to determine controversies in relation thereto, applies to the powers of receivers or the marshal to take charge of property of bankrupts in the possession of third persons after the filing of the bankruptcy petition, and until it is dismissed or a trustee has qualified, when such possession is necessary for the preservation of the estate.</p> <p>2. Same — Equity Jurisdiction.</p> <p>Under Bankr. Act, § 67e, as amended by Act Cong. Feb. 5, 1903, c. 487, 32 Stat. 800 [U. S. Comp. St. Supp. 1903, p. 417], providing that, for the purpose of recovery of property of a bankrupt fraudulently transferred, any court of bankruptcy, and any such court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction of a suit to recover the same, a trustee in bankruptcy was entitled to maintain a suit in equity for an accounting in the United States District Court against fraudulent transferees of certain accounts of the bankrupt, consisting of a large number of items, the actual value of which could only be ascertained by an accounting, though complainants knew the face value of the accounts.</p>