In re West Hotel, Inc.

D. Minnesota

In re West Hotel, Inc.

34 F.2d 832, 1929 U.S. Dist. LEXIS 1532

CourtDistrict Court, D. Minnesota

DecidedAugust 5, 1929

DocketNo. 7699

StatusPublished

Cited by2 cases

This text of 34 F.2d 832 (In re West Hotel, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re West Hotel, Inc., 34 F.2d 832, 1929 U.S. Dist. LEXIS 1532 (mnd 1929).

Pincite

Opinion

SANBORN, District Judge.

The petitioner brought suit in the state court against the bankrupt on the 18th day of January, 1928, and garnished two banks, which were indebted to the bankrupt in the sum of approximately $970. Judgment for $1,105.50 was ordered in September, 1928. Meanwhile, in May, 1928, an involuntary petition in bankruptcy had been filed.

The referee refused to allow the petitioner any priority because of its garnishment, and ordered the funds garnished to he delivered to the trustee in bankruptcy. It is this order to which the petitioner objects. The referee was clearly right. At the time the petition in bankruptcy was filed, the petitioner had no lien. The inchoate lien of a garnishment is only perfected by judgment. Marsh v. Wilson Bros., 124 Minn. 254, 144 N. W. 959.

The order of the referee is confirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

SANBORN, District Judge.

The petitioner brought suit in the state court against the bankrupt on the 18th day of January, 1928, and garnished two banks, which were indebted to the bankrupt in the sum of approximately $970. Judgment for $1,105.50 was ordered in September, 1928. Meanwhile, in May, 1928, an involuntary petition in bankruptcy had been filed.

The referee refused to allow the petitioner any priority because of its garnishment, and ordered the funds garnished to he delivered to the trustee in bankruptcy. It is this order to which the petitioner objects. The referee was clearly right. At the time the petition in bankruptcy was filed, the petitioner had no lien. The inchoate lien of a garnishment is only perfected by judgment. Marsh v. Wilson Bros., 124 Minn. 254, 144 N. W. 959.

The order of the referee is confirmed.

Cite This Page — Counsel Stack

Bluebook (online)

34 F.2d 832, 1929 U.S. Dist. LEXIS 1532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-west-hotel-inc-mnd-1929.

Opinion

Related

Cite This Page — Counsel Stack