Legal Opinion

In re Hicks-Fuller Co.

Court of Appeals for the Eighth Circuit

Decided November 11, 1925No. 6851PublishedCited by 7 opinions

1Opinion of the Court

STONE, Circuit Judge.

This is an appeal by claimants against a bankrupt estate. The trial court affirmed a finding of the referee to the effect that claimants were creditors whose right to payment was junior to that of general creditors. Appellants object to this inferior position of payment accorded them and claim the status of general creditors.

These claims are based upon instruments which are in form as follows:

“Incorporated under the Laws of the State of Iowa.
“Number-. Series-. Shares .
“Hieks-Fuller-Pierson Company.
“Authorized Capital Stock “Common $150,000.00
“Preferred $150,000.00
“Sioux…

2Cases cited11 opinions

  1. Warren v. KingSupreme Court of the United States · 1883
  2. Hamlin v. Toledo, St. L. & K. C. R.Court of Appeals for the Sixth Circuit · 1897
  3. Lockhart v. Van AlstyneMichigan Supreme Court · 1875
  4. Spencer v. SmithCourt of Appeals for the Eighth Circuit · 1912
  5. Guaranty Trust Co. v. Galveston City R.Court of Appeals for the Fifth Circuit · 1901

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3Cited by7 opinions

  1. United States v. Title Guarantee & Trust Co.Court of Appeals for the Sixth Circuit · 1943
  2. Isaacs v. NeeceCourt of Appeals for the Fifth Circuit · 1935
  3. Jones Valley Finance Co. v. TennilleAlabama Court of Appeals · 1959
  4. In Re National Discount CorporationDistrict Court, W.D. South Carolina · 1963
  5. In Re Joe Newcomer Finance CompanyDistrict Court, D. Colorado · 1964

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