Scheuer v. Smith & Montgomery Book & Stationery Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Alabama. This is a case in bankruptcy, the petition having been filed by the appellants, creditors, to adjudge the appellee, the Smith & Montgomery Book & Stationery Company, a business corporation under the laws of Alabama, a bankrupt; alleging in the petition, and in an amended petition, the following acts as of bankruptcy alleged to have been committed by appellee: (1) The said bankrupt…
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Appeal from the District Court of the United States for the Northern District of Alabama. This is a case in bankruptcy, the petition having been filed by the appellants, creditors, to adjudge the appellee, the Smith & Montgomery Book & Stationery Company, a business corporation under the laws of Alabama, a bankrupt; alleging in the petition, and in an amended petition, the following acts as of bankruptcy alleged to have been committed by appellee: (1) The said bankrupt suffered or permitted, while insolvent, certain creditors to obtain preferences through legal proceedings; (2) that said…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The case shows that the Smith & Montgomery Book & Stationery Company, while insolvent and within four months preceding the filing of the petition to adjudge the said company a bankrupt, suffered and permitted certain of its creditors to obtain judgments through legal proceedings, which judgments, until vacated or discharged, constitute unlawful preferences, within the intent and meaning of the bankruptcy act, and that it took no proceedings to vacate or discharge the illegal preferences thus obtained, except so far as to pay some installments of the…
2Cases cited2 opinions
- In re Empire Metallic Bedstead Co.Court of Appeals for the Second Circuit · 1899
- In re MoyerDistrict Court, E.D. Pennsylvania · 1899
3Cited by13 opinions
- Carling v. Seymour Lumber Co.Court of Appeals for the Fifth Circuit · 1902
- Hammond v. Lyon Realty Co.Court of Appeals for the Fourth Circuit · 1932
- In re PutmanDistrict Court, N.D. California · 1911
- In re Storck Lumber Co.District Court, D. Maryland · 1902
- Cresson & Clearfield Coal & Coke Co. v. StaufferCourt of Appeals for the Third Circuit · 1906
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