Havens & Geddes Co. v. Pierek

• Decision Date: 06 January 1903
• Docket Number: 912.
• Citation: 120 F. 244
• Parties: HAVENS & GEDDES CO. v. PIEREK.
• Court: U.S. Court of Appeals — Seventh Circuit

120 F. 244

HAVENS & GEDDES CO. v. PIEREK.

No. 912.

United States Court of Appeals, Seventh Circuit.

January 6, 1903

James M. Graham, for appellant.

Logan Hay and Alonzo Hoff, for appellee.

Before JENKINS, GROSSCUP, and BAKER, Circuit Judges.

PER CURIAM.

Herman Pierek, trustee of the bankrupt, filed a bill in equity in the district court against Havens & Geddes Company, a corporation of the state of Indiana, alleging the adjudication of Flora J. Graham as an involuntary bankrupt on April 16, 1900; that the bankrupt's stock of goods in January, 1900, was destroyed by fire, being insured, and on February 1, 1900, the sum due from the Insurance Company of North America upon a policy issued by it upon the stock was adjusted at the sum of $1,561.34; that on February 10, 1900 and within four months prior to the adjudication in bankruptcy, the bankrupt assigned to the Havens & Geddes Company all her rights under the policy to the sum so adjusted and due; that on June 22, 1900, by an arrangement between Havens & Geddes Company and the trustee in bankruptcy, the policy was transferred to the trustee, and he agreed to hold the money to be realized on the policy 'for the benefit of said Havens & Geddes Company, subject to the order of the United States district court for the Southern district of Illinois. ' The amount collected was received by the trustee, and is now held by him in his capacity as trustee in bankruptcy, and under that arrangement. The bill seeks to have the assignment and transfer declared void, and to adjudge that the Havens &amp Geddes Company have no right to the proceeds of the policy or to the fund in the hands of the trustee. The defendant in the bill appeared specially and solely to object to the jurisdiction and power of the court, and filed its plea to the effect that the subpoena was not served upon the Havens &amp Geddes Company, but upon one of its traveling salesmen, then being temporarily within the state of Illinois; that it is a corporation of the state of Indiana, located and doing business in that state; and that it is not, and never was, a resident of the state of Illinois; and had no office or place of business, officer, or managing agent within the state. The plea was by the court stricken from the files upon the ground that the matters and things in the plea contained should have been set up by motion to quash the service, and it was ordered that the defendant enter its...