Daniel v. Guaranty Trust Co., 285 U.S. 154 (1932)
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.
Daniel v. Guaranty Trust Co., 285 U.S. 154 (1932)
Daniel v. Guaranty Trust Co. of New York No. 179 Argued December 11, 1931 Decided March 14, 1932 285 U.S. 154
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. The filing of a petition for reclamation before a referee in bankruptcy does not submit the petitioner to the summary jurisdiction of the referee in matters having no immediate relation to such claim.
So held where the referee attempted to adjudicate and enforce a counterclaim for money alleged to belong to the trustee in bankruptcy against a trust company which had sought the return of certain bonds, of which, it was alleged, the bankrupt had gained possession by fraud. P. 161.
2. In No. XXXVII of General Orders in Bankruptcy, the provision that,
In proceedings in equity, instituted for the purpose of carrying into effect the provisions of the act, or for enforcing the rights and remedies given by it, the rules of equity practice established by the Supreme Court of the United States shall be followed as nearly as may be
does not apply to summary proceedings before a referee for the restoration of specific property. P. 162.
49 F.2d 866 affirmed.
Certiorari, 284 U.S. 602, to review a judgment of reversal on an appeal from an order of the District Court modifying and affirming an order of a referee in bankruptcy.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Daniel v. Guaranty Trust Co., 285 U.S. 154 (1932) in 285 U.S. 154 285 U.S. 158. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VS8AZ58YCM8S31J.
MLA: U.S. Supreme Court. "Syllabus." Daniel v. Guaranty Trust Co., 285 U.S. 154 (1932), in 285 U.S. 154, page 285 U.S. 158. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VS8AZ58YCM8S31J.
Harvard: U.S. Supreme Court, 'Syllabus' in Daniel v. Guaranty Trust Co., 285 U.S. 154 (1932). cited in 1932, 285 U.S. 154, pp.285 U.S. 158. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VS8AZ58YCM8S31J.
|