Johansen Bros. Shoe Co. v. Alles
Court of Appeals for the Eighth Circuit
Petition to Revise Order of the District Court of the United States for the Eastern District of Missouri. Petition by the Johansen Bros. Shoe Company and others against Herman Alies and another to revise an order denying an involuntary petition to adjudge defendant J. Brooks Johnson a bankrupt.
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Petition to Revise Order of the District Court of the United States for the Eastern District of Missouri. Petition by the Johansen Bros. Shoe Company and others against Herman Alies and another to revise an order denying an involuntary petition to adjudge defendant J. Brooks Johnson a bankrupt. On October 29, 1910, Johnson was indebted to Alies in the sum of $3,400 balance due for a stock of boots and shoes before then purchased by him from Alies, and on that day he purchased another lot of boots aud shoes for $1,100. As security for the payment of this indebtedness aggregating $2,500 which…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). It is first contended that Alies was not a creditor of Johnson, and had no standing to defend against his adjudication.
[1] This petition to revise presents only a question of law for our consideration. This must arise on the record brought before us.
[2] Taking that record as a whole, we think Alies must be treated as a creditor. The petitioning creditors in their petition declared him to be a creditor. In his verified answer to the petition he. alleged that he was a creditor in the sum of $400 over and above the value of the security held by him, and this…
2Cases cited15 opinions
- Bryant v. Swofford Bros. Dry Goods Co.Supreme Court of the United States · 1909
- Knapp v. Milwaukee Trust Co.Supreme Court of the United States · 1910
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Barton v. SitlingtonSupreme Court of Missouri · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Firestone Tire & Rubber Co. v. CrossCourt of Appeals for the Fourth Circuit · 1927
- Kenney v. HurlburtOregon Supreme Court · 1918
- Hall v. ReynoldsCourt of Appeals for the Eighth Circuit · 1915
- Hart v. Emmerson-Brantingham Co.District Court, E.D. Missouri · 1913
- National Refining Co. v. Pennsylvania Petroleum Co.Court of Appeals for the Eighth Circuit · 1933
4 more not listed; retrieve them via the Exa API.