Legal Opinion

In re Underwood & Daniel

District Court, N.D. Georgia

Decided May 30, 1914No. 648PublishedCited by 5 opinions

In Bankruptcy. In the matter of bankruptcy proceedings of Underwood & Daniel. Application by the M. C. Kiser Company to reclaim certain goods alleged to have been sold to the bankrupt through fraud.

1Opinion of the Court

NEWMAN, District Judge.

The referee found in this case that certain goods bought by the bankrupt from M. C. Kiser Company were sold and delivered because of certain false representations made by the bankrupt firm to the Kiser Company.

[ 1 ] The only matter that needs consideration in the case is whether the referee, having found that the statement made by the bankrupts to the Kiser Company was untrue, and that the Kiser Company was misled by it, and that a legal fraud was committed, and the Kiser Company parted with their goods by reason of it, was correct in the further finding that it was not…

2Cases cited2 opinions

  1. Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
  2. Newman v. Claflin Co.Supreme Court of Georgia · 1899

3Cited by5 opinions

  1. In re GurvitzDistrict Court, D. Massachusetts · 1921
  2. In Re P. H. Krauss & Co.District Court, W.D. Tennessee · 1924
  3. In re CollinsDistrict Court, M.D. Alabama · 1917
  4. In re Spinks Drug Co.District Court, N.D. Georgia · 1924
  5. General Motors Acceptance Corp. v. SmithCourt of Appeals for the D.C. Circuit · 1934

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