|
|
Thomas v. Sugarman, 218 U.S. 129 (1910)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Thomas v. Sugarman, 218 U.S. 129 (1910)
Thomas v. Sugarman No. 131 Argued April 12, 1910 Decided May 31, 1910 218 U.S. 129
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Where the trustee in bankruptcy brings a bill in equity in the Circuit Court to set aside a transfer made by the bankrupt, the appeal is not governed by § 25 of the Bankruptcy Act but by the Court of Appeals Act of March 3, 1891, c. 517, § 6, 26 Stat. 828. Knapp v. Milwaukee Trust Co., 216 U.S. 545.
The rule that an act of election directed toward a third person may operate in rem and establish title as to all concerned does not apply where, as in this case, the title is in the person enforcing the remedies, and there was no element of election.
The fact that a trustee in bankruptcy obtained a money judgment against one to whom the bankrupt transferred certain assets to delay and defraud creditors held in this case not to have amounted to ratification of the bankrupt’s act or to an election not to pursue the assets transferred, but the bankrupt was entitled to also maintain a bill in equity to set aside the transfer.
157 F. 669 reversed.
The facts are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Thomas v. Sugarman, 218 U.S. 129 (1910) in 218 U.S. 129 218 U.S. 133. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=C862UU2PF323HL8.
MLA: U.S. Supreme Court. "Syllabus." Thomas v. Sugarman, 218 U.S. 129 (1910), in 218 U.S. 129, page 218 U.S. 133. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=C862UU2PF323HL8.
Harvard: U.S. Supreme Court, 'Syllabus' in Thomas v. Sugarman, 218 U.S. 129 (1910). cited in 1910, 218 U.S. 129, pp.218 U.S. 133. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=C862UU2PF323HL8.
|