William Openhym & Sons v. Blake
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri. This is an appeal by William Openhym & Sons from an order denying allowance of a claim, as preferred, against the estate of the Walkeen-Lewis Millinery Company, bankrupt. Appellants were importers and manufacturers of silks and ribbons at New York City. The millinery company was engaged in the wholesale millinery business at Kansas City, Missouri.
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Appeal from the District Court of the United States for the Western District of Missouri. This is an appeal by William Openhym & Sons from an order denying allowance of a claim, as preferred, against the estate of the Walkeen-Lewis Millinery Company, bankrupt. Appellants were importers and manufacturers of silks and ribbons at New York City. The millinery company was engaged in the wholesale millinery business at Kansas City, Missouri. In July, 1905, the millinery company, which had previously been a customer of appellants and had paid its bills, sought to purchase additional goods. The…
1Opinion of the CourtHook, Circuit Judge
(after stating the facts as above). It is clear that the bankrupt induced the appellants to sell and part with the possession of their goods by false and fraudulent representations. The appellants, though diligent in seeking information as to the bankrupt’s financial standing, were deceived. The first statement submitted by the bankrupt was pronounced unsatisfactory. A second one, more in detail, was furnished, and it was supplemented by oral representations. The statement of July 13th of a . surplus of $63,-161.65 is irreconcilable with the confession of insolvency, on August 19th, there…
2Cases cited5 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Frank v. VollkommerSupreme Court of the United States · 1907
- Turner v. WardSupreme Court of the United States · 1876
3Cited by9 opinions
- Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
- Manly v. Ohio Shoe Co.Court of Appeals for the Fourth Circuit · 1928
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Elbro Knitting Mills v. SchwartzCourt of Appeals for the Sixth Circuit · 1929
- In re FriedlaenderCourt of Appeals for the First Circuit · 1916
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