In re M. E. Dunn & Co.
District Court, E.D. Arkansas
In the matter of bankruptcy proceedings of M. P„ Dunn & Co., in which Scott-Mayer Commission Company intervened, to enforce an alleged constructive trust. This is an intervention by the Scott-Mayer Commission Company for some funds now in the hands of the receiver in bankruptcy in this cause, claiming that they are trust funds equitably belonging to the intervener.
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In the matter of bankruptcy proceedings of M. P„ Dunn & Co., in which Scott-Mayer Commission Company intervened, to enforce an alleged constructive trust. This is an intervention by the Scott-Mayer Commission Company for some funds now in the hands of the receiver in bankruptcy in this cause, claiming that they are trust funds equitably belonging to the intervener. The testimony is practically undisputed, and from this testimony the court finds the facts as follows: On or about. November 1, 1911, the bankrupt, who was a merchandise broker in the city of Little Itock, representing among others…
1Opinion of the CourtTrieber, District Judge
(after, stating the facts as above). The intervener bases its right to recover all these funds, amounting to $1,714.88 to satisfy its claim of $1,716.79, of which $1,476.82 is for the goods delivered to the bankrupt, and $239.97 the proportionate part of the cost of carriage of these goods, upon the proposition that a trust was impressed upon these funds which came to the hands of the receiver as assets of the bankrupt’s estate; they being the proceeds of the goods turned over to the bankrupt and which by agreement of the parties were to be paid over to them as soon as collected.
[1] Leaving…
2Cases cited24 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Scott v. ArmstrongSupreme Court of the United States · 1892
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Peters v. BainSupreme Court of the United States · 1890
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
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3Cited by9 opinions
- Mehler's AppealSupreme Court of Pennsylvania · 1932
- Lowell v. BrownCourt of Appeals for the First Circuit · 1922
- In re Pittsburg-Big Muddy Coal Co.Court of Appeals for the Seventh Circuit · 1914
- In re HollinsCourt of Appeals for the Second Circuit · 1914
- Chapman v. First Nat. Bank of Sipe SpringsCourt of Appeals of Texas · 1924
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