Danciger & Emerich Oil Co. v. Smith, 276 U.S. 542 (1928)

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Danciger and Emerich Oil Company v. Smith

No. 224

Argued February 27, 1928
Decided April 9, 1928
276 U.S. 542

CERTIORARI TO THE COURT OF CIVIL APPEALS

FIFTH SUPREME JUDICIAL DISTRICT OF TEXAS

Syllabus

1. An adjudication in bankruptcy, until followed by the appointment of a trustee, does not divest the bankrupt’s title to a cause of action against a third person or prevent him from instituting or maintaining suit thereon. P. 545.

2. S assigned to some of his creditors, as security, a claim on which he had begun suit; agreed to prosecute the suit for their account, and, more than four months thereafter, began voluntary bankruptcy proceedings in which no trustee was appointed and in which he concealed the claim and was discharged. Held that the question whether the assignment was void as to his other creditors could not be raised by the defendants against the prosecution of the suit by the bankrupt. P. 547.

286 S.W. 633 affirmed.

Certiorari, 274 U.S. 733, to a judgment of the Court of Civil Appeals of Texas affirming a judgment recovered by the respondent after his discharge in voluntary bankruptcy proceedings, in an action brought by him more than four months before his petition in bankruptcy was filed.