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Truver v. Fall River Trust Company

Appeals Court of Massachusetts
Dec 5, 1978
382 N.E.2d 1322 (Mass. App. Ct. 1978)

Opinion

December 5, 1978.

Alan A. Amaral for the plaintiffs.

John J. Harrington ( Andrew Shabshelowitz with him) for the defendant.


The action was properly dismissed. The title to the cause of action set out in the complaint had vested in the plaintiffs' trustee in bankruptcy under the provisions of 11 U.S.C. § 110(a)(6) (1976), with the result that the action could not be maintained by the plaintiffs. See 4A Collier, Bankruptcy par. 70.28[6] (14th ed. 1976); Gochenour v. Cleveland Terminals Bldg. Co., 118 F.2d 89, 93 (6th Cir. 1941), Constant v. Kulukundis, 125 F. Supp. 305, 306 (S.D.N.Y. 1954); Hermsmeyer v. A.L.D. Inc., 239 F. Supp. 740, 742-743 (D. Colo. 1964); Moore v. Slonim, 426 F. Supp. 524, 526-527 (D. Conn.), aff'd, 562 F.2d 38 (2d Cir. 1977).

Judgment affirmed.


Summaries of

Truver v. Fall River Trust Company

Appeals Court of Massachusetts
Dec 5, 1978
382 N.E.2d 1322 (Mass. App. Ct. 1978)
Case details for

Truver v. Fall River Trust Company

Case Details

Full title:DONALD R. TRUVER another vs. FALL RIVER TRUST COMPANY

Court:Appeals Court of Massachusetts

Date published: Dec 5, 1978

Citations

382 N.E.2d 1322 (Mass. App. Ct. 1978)
6 Mass. App. Ct. 951

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