Sabin

Scandinavian-American Bank v. Sabin

Good Law
142 C.C.A. 211·227 F. 579·1915 U.S. App. LEXIS 2331
United States Court of Appeals for the Ninth CircuitOctober 25, 1915No. 2615California1,532 words

Opinion

lead Opinion

Morrow, J.

(after stating the facts as above). [1] 1. We are of opinion that the question at issue presents a controversy arising in the course of bankruptcy proceedings, and is appealable under section 24a of the Bankruptcy Act (Act July 1, 1898, 30 Stat. 553 ). Hewit v. Berlin Machine Works, 194 U. S. 296 , 24 Sup. Ct. 690, 48 L. Ed. 986 ; In re First National Bank, 135 Fed. 62 , 67 C. C. A. 536 ; In re Mueller, 135 Fed. 711 , 68 C. C. A. 349 . The petition for revision will therefore be dismissed.

[2] 2. To the contention of the appellant that the trustee is without authority to maintain the proceeding, for the reason that no creditor had secured a lieu upon the goods at the time the bank took possession of them, and hence the trustee secured no greater rights than the bankrupt himself had, it is only necessary to state that section 8 of the act- or June 25, 1910, amending section 47 of clause 2 of the act of 1898 ( 36 Stat. 840 ), provides that the trustee, “as to all property in the custody * * * of the bankruptcy court, shall be deemed vested with all rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon.” Under this provision of the…

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