Citation Numbers: 167 A. 259, 53 R.I. 465
Judges: PER CURIAM.
Filed Date: 7/8/1933
Status: Precedential
Modified Date: 1/13/2023
I think the general rule stated in the opinion applies to the facts in this case. Wilfred L. Hagerty took peaceable possession of the machine under a claim of right before the receiver was appointed. The receiver's right to possession of the machine should be determined in an action at law and not in a summary manner upon his petition in the receivership proceedings. This is the rule which prevails in bankruptcy. 7 C.J. 106. *Page 469
In Groton Mfg. Co. v. R.I. Dairy Co.,
Hagerty's appeal ought to be sustained and the decree appealed from reversed.