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Meyer Vs. Fleming

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  • US Supreme Court
  • Feb 04, 1946

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57 entries 4 linked 53 unlinked
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  1. Thatcher Vs. Rockwell US Supreme Court · Jan 01, 1881
  2. Davenport Vs. Dows US Supreme Court · Jan 01, 1873
  3. Eyster Vs. Gaff US Supreme Court · Jan 01, 1875
  4. Guaranty Trust Co. Vs. Henwood US Supreme Court · May 22, 1939
  5. U.S. 161 (1946) U.S. Supreme Court Meyer v. Fleming
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  6. U.S. 161 (1946) Meyer v. Fleming
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  7. instituted by a creditor may not be defeated merely by reason of the fact that he has become a bankrupt. Thatcher v. Rockwell
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  8. He is in position to take control of the litigation. He may, as indicated in Johnson v. Collier
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  9. As stated in Johnson v. Collier
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  10. which the management should have started had it performed its duty. The corporation is a necessary party. Davenport v. Dows
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  11. That decision might be dictated by the speculative nature of the suit and the expense involved, as Johnson v. Collier
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  12. of the estate, should have the opportunity to make the choice which is most advantageous to the estate. Cf. Thompson v. Magnolia
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  13. to determine how causes of action which have become a part of the bankruptcy estate shall be enforced. See Porter v. Sabin
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  14. Klein v. Peter
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  15. before the court. As we have said, the corporation is a necessary party in a stockholders' derivative suit. Davenport v. Dows
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  16. be any such inconsistency in view of the fact that the plan makes no provision for the claim. As stated in Johnson v. Collier
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  17. Isaacs v. Hobbs
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  18. Continental Illinois Nat'l Bank v. Chicago
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  19. Thompson v. Magnolia
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  20. Petroleum Co., 309 U. S. 478 , 309 U. S. 483 . And see Thompson v. Terminal
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  21. Dauciger v. Smith
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  22. Bluegrass Canning Co. v. Steward
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  23. Paradise v. Vogtlandische
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  24. Bennett v. Associated
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  25. Griffin v. Mutual
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  26. If the suit is continued by the bankrupt, the trustee is concluded by the judgment. Eyster v. Gaff
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  27. As stated in Van der Stegen v. Neuss
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  28. may have. He is not bound to accept burdensome property nor unprofitable contracts ( Atchison, T. & S.F. Ry. Co. v. Hurley
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  29. U. S. 213 U.S. 126), nor is he obliged to intervene in any action pending by or against the bankrupt. Kessler v. Herklotz
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  30. Fleming v. Courtenay
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  31. action is one that might have passed to the trustee. The bankrupt may continue the prosecution of the action. Griffin v. Mutual
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  32. See Missouri, K. & T. Trust Co. v. German
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  33. Boston Elevated Ry. Co. v. Paul
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  34. Hartford Accident & Indemnity Co. v. Federal
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  35. Cf. American Steel Foundries v. Chicago
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  36. Seagrist v. Reid
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  37. Meyer v. Page
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  38. Floyd v. Layton
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  39. receivership estate as to require that it be continued only under the auspices of the trustee or receiver. See Adler v. Seaman
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  40. Seaman v. McCulloch
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  41. McAnarney v. Lembeck
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  42. Coyle v. Skirvin
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  43. claim is equitable, the claimant is not chargeable with laches, and the assets have not been distributed ( see Conklin v. United
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  44. Pennsylvania Steel Co. v. New
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  45. F. 721, 740-742), and provided further that the late filing does not unduly delay the proceedings. Guaranty Trust Co. v. Henwood
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  46. U.S. Supreme Court Meyer v. Fleming
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  47. Johnson v. Collier
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  48. Cf. Thompson v. Magnolia
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  49. See Porter v. Sabin
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  50. Thompson v. Terminal
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