Legal Opinion

Marion Mach. Foundry & Supply Co. v. Girand

Court of Appeals for the Fifth Circuit

Decided November 28, 1922No. Nos. 3872, 3879PublishedCited by 4 opinions

1Opinion of the Court

BRYAN, Circuit Judge.

November 16, 1920, the petitioner, the Marion -Machine Foundry & Supply Company, sold to C. G. Mc-*161Cleery a set of rig irons on credit, upon condition that McCleery would then pay a past-due debt. McCleery gave his check for $613.09, the amount of the past-due debt, and received the rig irons. The check was promptly presented, but payment was refitsed by the bank upon which it was drawn because of lack of sufficient funds to meet it. Thereupon the manager of the company interviewed McCleery, who stated he would wire to his brother for money. November 19, 1920, an…

2Cases cited5 opinions

  1. Matter of LovingSupreme Court of the United States · 1912
  2. Ramey v. AllisonTexas Supreme Court · 1885
  3. In re American Knit Goods Mfg. Co.Court of Appeals for the Second Circuit · 1909
  4. In re PerpallCourt of Appeals for the Second Circuit · 1919
  5. In re New York Commercial Co.Court of Appeals for the Second Circuit · 1915

3Cited by4 opinions

  1. Live Stock State Bank v. DoyleCourt of Appeals for the Eighth Circuit · 1923
  2. In Re Independent Coal CorporationCourt of Appeals for the Second Circuit · 1927
  3. In re Pejepscot Paper Co.District Court, D. Maine · 1938
  4. In the Matter of Cochran Paving Company, Inc. L. F. Pye, Creditor's Reclamation Petition, James M. Barnes, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1971

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