Flanders v. Coleman, 250 U.S. 223 (1919)

Flanders v. Coleman

No. 419

Argued April 14, 15, 1919
Decided June 2, 1919
250 U.S. 223

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF GEORGIA

Syllabus

In a suit by a trustee in bankruptcy to set aside preferences and transfers, the jurisdiction of the district court depends upon the allegations of the bill, and not on the proof in support of them, and where the bill makes a substantial case within the jurisdiction, the court must determine the merits. P. 227.

Under the Bankruptcy Act, as amended in 1903 and 1910, the district court has jurisdiction of a suit brought by the trustee against a third party without his consent, to set aside preferences under § 60b and transfers under § 67e and 70e. Id.

Whether an alleged surrender of real property and delivery of rent notes amounted to conveyances under the state law held matters appertaining to the merits, and not to be considered on direct appeal under § 238 of the Judicial Code. P. 229.

249 F. 757 reversed.

The case is stated in the opinion.