International Agr. Corp. v. Cary
Court of Appeals for the Sixth Circuit
Appeal and Petition to Revise from the District Court of the United States for the Northern District of Ohio; John H. Clarke, Judge. In the matter of the bankruptcy of the estate of Robert B. Hull. Petition by the International Agricultural Corporation to revise a decision of the referee denying petitioner participation as an individual creditor in.the distribution of the bankrupt’s estate, opposed by Charles Cary, trustee in bankruptcy, and others.
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Appeal and Petition to Revise from the District Court of the United States for the Northern District of Ohio; John H. Clarke, Judge. In the matter of the bankruptcy of the estate of Robert B. Hull. Petition by the International Agricultural Corporation to revise a decision of the referee denying petitioner participation as an individual creditor in.the distribution of the bankrupt’s estate, opposed by Charles Cary, trustee in bankruptcy, and others. From an order denying the petition, petitioner appeals and petitions to revise.
1Opinion of the Court
KNAPPEN, Circuit Judge.
In November, 1912, the Kyser-Hull Company, a copartnership, was dissolved by mutual consent; Hull retiring, and Kyser, the only other partner, continuing in the business as an individual, and (apparently) assuming the debts of the firm. Before and at the time of the dissolution appellant was a creditor of the copartnership in the sum of about $1,100. It had no knowledge of the dissolution at the time it occurred. On or about the following 31st of December Kyser and Hull, individually, gave appellant their joint and several promissory notes covering the amount of the…
2Cases cited5 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Whitney v. DresserSupreme Court of the United States · 1906
- Shimer v. PowellCourt of Appeals for the Third Circuit · 1916
- In re HullDistrict Court, N.D. Ohio · 1915
- In re WisterDistrict Court, E.D. Pennsylvania · 1916
3Cited by27 opinions
- In Re Pottasch Bros. Co.Court of Appeals for the Second Circuit · 1935
- Biggs v. MaysCourt of Appeals for the Eighth Circuit · 1942
- In re De RanCourt of Appeals for the Sixth Circuit · 1919
- In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
- In Re LaymonUnited States Bankruptcy Court, W.D. Texas · 1990
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