Geilinger v. Philippi
Annotate this Case
133 U.S. 246 (1890)
U.S. Supreme Court
Geilinger v. Philippi, 133 U.S. 246 (1890)
Geilinger v. Philippi
Submitted January 8, 1890
Decided February 3, 1890
133 U.S. 246
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF LOUISIANA
An insolvent debtor of Louisiana, under the insolvent laws of that state, surrendered his property for the benefit of his creditors, the surrender was duly accepted, and the creditors elected a syndic who qualified and was commissioned as such. On his schedules, the debtor returned the house in which he resided and the furniture therein as the property of his wife to which he had no claim. The syndic did not take possession of it, and laid no claim to it until a foreign creditor, who was not a party to the proceedings in insolvency, and who had obtained a judgment against the debtor in the circuit court of the United States after the insolvency, levied upon the house as the property of the debtor. The syndic then filed in the creditor's suit a third opposition, setting up claim to the property and praying that the seizure under the execution be set aside and that the marshal be enjoined from levying upon it. A decree in accordance with the prayer was entered, conditioned upon the syndic's paying cost of seizure and filing in the circuit court an order from the state court to the syndic to take possession of the property, and to administer it as part of the insolvent's estate; Held, that there was no error In this decree, but that it was eminently judicious and proper.
This was a suit by way of third opposition, brought in the Circuit Court of the United States for the Eastern District of Louisiana by Caesar Philippi, syndic of the creditors of Gilbert H. Green individually, and as a member of the late commercial firm and partnership of Gilbert H. Green & Co., of New Orleans, and also of Green, Stewart & Co., of Liverpool, England, in the suits of Bank in Winterthur v. Gilbert H. Green and Geilinger & Blum v. Gilbert H. Green, on the docket of said circuit court. After the answers were filed, the two causes were consolidated and tried by the court as one case. The submission, findings of fact, and judgment are as follows:
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