Lippincott v. Klosterman
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of .Illinois. In the matter of John Filmar, bankrupt. Appeal by Rippincott and another from an order dismissing petitions for the allowance of Rippincott’s claim as a preferred claim.
1Opinion of the Court
BAKER, Circuit Judge.
Swigert, a merchant tailor, in October, 1905, sold a third interest in his business to Filmar. The firm of Swigert & Filmar continued the business till January 8, 1906, when Swigert sold his interest to Filmar in consideration of a small money payment and Filmar’s agreement to pay the partnership debts and save Swigert harmless therefrom. Partnership assets were then in excess of partnership debts. By payment and novation Filmar very shortly settled all partnership debts except one to appellant Rippincott. Rippincott refused to accept Filmar as debtor in place of the…
2Cases cited5 opinions
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- In re DenningDistrict Court, D. Massachusetts · 1902
- In re JonesDistrict Court, E.D. Missouri · 1900
- In re HeadDistrict Court, W.D. Arkansas · 1902
3Cited by10 opinions
- Kaufman-Brown Potato Co. v. LongCourt of Appeals for the Ninth Circuit · 1950
- In re TelferCourt of Appeals for the Sixth Circuit · 1910
- In re StringerCourt of Appeals for the Second Circuit · 1918
- Dakota Trust & Savings Bank of Sioux Falls v. HansonCourt of Appeals for the Eighth Circuit · 1925
- In re BrewerDistrict Court, E.D. North Carolina · 1923
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