Atherton v. Beaman
This text of 243 F. 930 (Atherton v. Beaman) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
If trustees in bankruptcy may resort to a plenary action in this court to protect their right to the possession of personal property belonging to the bankrupt, the present bill of complaint concededly states a case. In Whitney v. Wenman, 198 U. S. 539, at page 553, 25 Sup. Ct. 778, 49 L. Ed. 1157, a plenary suit instituted by trustees in bankruptcy to regain possession of property alleged to belong to the estate was expressly approved by the Supreme Court.
The question raised by the motion to dismiss is concluded by that decision, and the motion must be overruled.
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Cite This Page — Counsel Stack
243 F. 930, 1917 U.S. Dist. LEXIS 1193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atherton-v-beaman-mad-1917.