In re International Piano Mfg. Co.

D. Massachusetts

In re International Piano Mfg. Co.

268 F. 430, 1920 U.S. Dist. LEXIS 899

CourtDistrict Court, D. Massachusetts

DecidedNovember 3, 1920

DocketNo. 28044

StatusPublished

This text of 268 F. 430 (In re International Piano Mfg. Co.) 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.

Bluebook

In re International Piano Mfg. Co., 268 F. 430, 1920 U.S. Dist. LEXIS 899 (D. Mass. 1920).

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Opinion

MORTON, District Judge.

[1] Controversies over the ownership of property which comes into the actual possession of the bankruptcy court ought to be settled there as far as possible. It is only under very exceptional circumstances that property in the possession of and claimed by trustees in bankruptcy should be surrendered to the state courts, in order that the title to^it may be tried there, instead of in the bankruptcy court. No such circumstances are shown in this case, and it seems to me that the usual practice should have been adhered to. See In re Brockton Ideal Shoe Co. (Dist. Ct. D. Mass., No. 17836, opinion dated November 18, 1912) 212 Fed. 764.

[2] Inasmuch as the proceedings to review the referee’s order permitting the replevin were seasonably taken, the rights of the parties are not affected by the fact that the goods, have actually been replevied under the order of the referee; the replevin action will fall with the order on which it was based.

Let an order be entered, vacating the order of the referee, and directing the return of theo goods in question to the trustees.

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MORTON, District Judge.

[1] Controversies over the ownership of property which comes into the actual possession of the bankruptcy court ought to be settled there as far as possible. It is only under very exceptional circumstances that property in the possession of and claimed by trustees in bankruptcy should be surrendered to the state courts, in order that the title to^it may be tried there, instead of in the bankruptcy court. No such circumstances are shown in this case, and it seems to me that the usual practice should have been adhered to. See In re Brockton Ideal Shoe Co. (Dist. Ct. D. Mass., No. 17836, opinion dated November 18, 1912) 212 Fed. 764.

[2] Inasmuch as the proceedings to review the referee’s order permitting the replevin were seasonably taken, the rights of the parties are not affected by the fact that the goods, have actually been replevied under the order of the referee; the replevin action will fall with the order on which it was based.

Let an order be entered, vacating the order of the referee, and directing the return of theo goods in question to the trustees.

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268 F. 430, 1920 U.S. Dist. LEXIS 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-international-piano-mfg-co-mad-1920.

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