Crowder v. Allen-West Commission Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. The claim of the Allen-West Commission Company against the estate of J. M. Hawks, bankrupt, was allowed by the District Court of the United States for the Eastern District of Arkansas, in 204 Fed. 309, and T. J. Crowder, trustee in bankruptcy of J. M. 'Hawks, bankrupt, appeals.
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Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. The claim of the Allen-West Commission Company against the estate of J. M. Hawks, bankrupt, was allowed by the District Court of the United States for the Eastern District of Arkansas, in 204 Fed. 309, and T. J. Crowder, trustee in bankruptcy of J. M. 'Hawks, bankrupt, appeals. The trustee in bankrupty of the estate of J. M. Hawks appeals from the allowance by the court below of the unsecured claim of the Allen-West Commission Company for $238,835.40. Hawks was adjudged a bankrupt…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). Counsel for the trustee present three reasons why the decree allowing the claim of the commission company should be reversed or modified: (1) That in August, 1899, it made an agreement with Hawks to loan him the money to pay the 40 per cent, of the claims of his other creditors which was to be paid under the composition agreement, in 'consideration that Hawks'promised to pay his debt for $3,987.57 to :it specified in that agreement in full; (2) that after the mortgage of *181August, 1899, and pursuant to the terms thereof, the commission company was the…
2Cases cited10 opinions
- Henshaw v. BissellSupreme Court of the United States · 1874
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Farmers' & Merchants' Bank of Clay Center v. FarwellCourt of Appeals for the Eighth Circuit · 1893
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3Cited by19 opinions
- Anaconda-Ericsson, Inc. v. Hessen (In Re Teltronics Services, Inc.)United States Bankruptcy Court, E.D. New York · 1983
- Matter of WT Grant Co.United States Bankruptcy Court, S.D. New York · 1980
- In Re Bowman Hardware & Electric Co.Court of Appeals for the Seventh Circuit · 1933
- Goldie v. CoxCourt of Appeals for the Eighth Circuit · 1942
- Bird & Sons Sales Corporation v. TobinCourt of Appeals for the Eighth Circuit · 1935
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