Johnson v. Dismukes
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Georgia; Wm. T. Newman, Judge. Claim of Cliff R. Johnson against the estate in bankruptcy of one Thweatt. From an order (199 Fed. 319) affirming a referee’s order disallowing the claim as preferred on objections filed by R. F. Dis-mukes, trustee, plaintiff appeals.
1Opinion of the Court
SHEPPARD, District Judge.
This is an appeal from the District Court of the Northern District of Georgia affirming the finding of the referee on a state of facts very similar to that considered in the case of Lumpkin v. Foley, Trustee, 204 Fed. 372, at this term. About the only difference is stated in the opinion of the District Judge, and consists in the fact that in the Lumpkin Case the bankrupt, in addition to mortgaging its stock of goods in trade, transferred to the claimant, Lumpkin, all its choses in action, notes and accounts due it. In the instant case the bankrupt mortgaged to Johnson…
2Cases cited1 opinion
- Lumpkin v. FoleyCourt of Appeals for the Fifth Circuit · 1913
3Cited by5 opinions
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- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
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