In re Little River Lumber Co.
District Court, W.D. Arkansas
Tn Bankruptcy. On exceptions to the allowance of the claim of O’Dwver & Ahern, proving creditors. The Little River Lumber Company is a corporation organized under the law of Arkansas. O’Dwyer & Ahern are merchants and partners doing business at Texarkana, Ark. ■ They were both stockholders of the Little River Lumber Company, and owned a large majority of the stock. In 1897 O’Dwyer was treasurer. In 1898 Ahem became president, and O’Dwyer 'continued as treasurer.
Read the full summary
Tn Bankruptcy. On exceptions to the allowance of the claim of O’Dwver & Ahern, proving creditors. The Little River Lumber Company is a corporation organized under the law of Arkansas. O’Dwyer & Ahern are merchants and partners doing business at Texarkana, Ark. ■ They were both stockholders of the Little River Lumber Company, and owned a large majority of the stock. In 1897 O’Dwyer was treasurer. In 1898 Ahem became president, and O’Dwyer 'continued as treasurer. In the fall of 1897, about October, the Little River Lumber Company, at a meeting of the stockholders, concluded to enlarge Its…
1Opinion of the CourtRogers, District Judge
(after stating the facts). The question is whether the creditors should be compelled to surrender the insurance policies before they are allowed to prove up their claim. Or, to put it in another form, have they received a preference, within the meaning of the bankrupt law, and therefore not entitled to prove their claim until they surrender the policies, or the proceeds thereof, which in this case constitutes, if at all, the preference? It is important to understand the nature of the contract between the parties. It is settled law that O’Dwyer & Ahern acquired no interest whatever in the…
2Cases cited5 opinions
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- Bibend v. Liverpool & London Fire & Life InsuranceCalifornia Supreme Court · 1866
- Stout v. Yaeger Milling Co.U.S. Circuit Court for the District of Eastern Missouri · 1882
3Cited by8 opinions
- Chatfield v. O'DwyerCourt of Appeals for the Eighth Circuit · 1900
- In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1968
- In re West Norfolk Lumber Co.District Court, E.D. Virginia · 1902
- Hanson v. W. L. Blake & Co.District Court, D. Maine · 1907
- In re DurhamDistrict Court, D. Maryland · 1902
3 more not listed; retrieve them via the Exa API.