Bardes v. Hawarden Bank, 178 U.S. 524 (1900)

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Bardes v. Hawarden Bank

No. 603

Submitted January 31, 1900
Decided May 28, 1900
178 U.S. 524

APPEAL FROM THE DISTRICT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF IOWA

Syllabus

The provisions of the second clause of § 23 of the Bankrupt Act of 1898 control and limit the jurisdiction of all courts, including the several district courts of the United States, over suits brought by trustees in bankruptcy to recover or collect debts due from third parties, or to set aside transfers of property to third parties, alleged to be fraudulent as against creditors, including payments in money or property to preferred creditors.

The district court of the United States can, by the proposed defendant’s consent, but not otherwise, entertain jurisdiction over suits brought by trustees in bankruptcy to set aside fraudulent transfers of money or property made by the bankrupt to third parties before the institution of the proceedings in bankruptcy.

The case is stated in the opinion of the Court.