Legal Opinion

First Savings & Banking Co. v. Kilmer

Court of Appeals for the Fourth Circuit

Decided November 13, 1919No. 1727PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Northern District of West Virginia, at Martinsburg; Alston G. Dayton, Judge. in the matter of the Adamantine Clay Products Company, bankrupt; Wade C. Kilmer, trustee. From an order of the District Court, the First Savings & Banking Company, of Dayton, Ohio, appeals.

1Opinion of the Court

KNAPP, Circuit Judge.

In April, 1917, the Adamantine Clay Products Company, a West Virginia corporation engaged in the business of brickmaking, was adjudicated bankrupt on its own petition. The principal assets of the company were its manufacturing plant and machinery, and the real estate on which they were located. In May following the referee in bankruptcy authorized a sale of this property by the trustee, and the latter advertised to sell the same on the 9th of June. Three days before the sale was to take place, the First Savings & Banking Company of Dayton, Ohio, appellant here, filed its…

2Cases cited3 opinions

  1. International Agr. Corp. v. CaryCourt of Appeals for the Sixth Circuit · 1917
  2. Marine Nat. Bank v. McCreery & Co.Court of Appeals for the Third Circuit · 1914
  3. George Carroll & Bro. Co. v. YoungCourt of Appeals for the Third Circuit · 1903

3Cited by7 opinions

  1. Miners Sav. Bank of Pittston, Pa. v. JoyceCourt of Appeals for the Third Circuit · 1938
  2. Nixon v. MichaelsCourt of Appeals for the Eighth Circuit · 1930
  3. Bolling v. BowenCourt of Appeals for the Fourth Circuit · 1941
  4. In Re Mannington Pottery Co.District Court, N.D. West Virginia · 1952
  5. Weekley v. Oil Well Supply Co.Court of Appeals for the Fourth Circuit · 1926

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