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Harris v. First National Bank of Mt. Pleasant, 216 U.S. 382 (1910)
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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.
Harris v. First National Bank of Mt. Pleasant, 216 U.S. 382 (1910)
Harris v. First National Bank of Mt. Pleasant No. 98 Argued January 21, 1910 Decided February 21, 1910 216 U.S. 382
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF TEXAS
Syllabus
Quaere, and not decided, whether, under § 70e of the Bankruptcy Act, the suits therein referred to can be brought in the bankruptcy court without the consent of the defendant. See contrary views expressed in Hull v. Burr, 153 F. 945; Hurley v. Devlin, 149 F. 268.
Section 70e of the Bankruptcy Act provides for avoiding transfer of the bankrupt’s property which his creditors might have avoided, and for recovery of such property or its value from persons not bona fide holders for value. It does not, either with or without consent of defendant, give the bankruptcy court jurisdiction of a suit to recover property held by defendant but which, if the allegations of the complaint are true, belonged to the bankrupt and passed to the trustee.
The bankruptcy court has not jurisdiction of a suit against a bank to recover securities held by it for indebtedness of the bankrupt on the ground that the debt had been paid.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Harris v. First National Bank of Mt. Pleasant, 216 U.S. 382 (1910) in 216 U.S. 382 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XEJSWYPZ5T18S7U.
MLA: U.S. Supreme Court. "Syllabus." Harris v. First National Bank of Mt. Pleasant, 216 U.S. 382 (1910), in 216 U.S. 382, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XEJSWYPZ5T18S7U.
Harvard: U.S. Supreme Court, 'Syllabus' in Harris v. First National Bank of Mt. Pleasant, 216 U.S. 382 (1910). cited in 1910, 216 U.S. 382. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XEJSWYPZ5T18S7U.
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