Clingman v. Miller
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Kansas. Plaintiff in error as trustee in bankruptcy of the estate of W. H. Pendleton, a bankrupt, brought this suit at law in the court below against Miller & Co., for the purpose of recovering the sum of $1,860 the alleged value of 400 cases of eggs which the petition alleged had been transferred by Pendleton to Miller & Co., under such circumstances as to render such transfer voidable under section 60b…
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In Error to the District Court of the United States for the District of Kansas. Plaintiff in error as trustee in bankruptcy of the estate of W. H. Pendleton, a bankrupt, brought this suit at law in the court below against Miller & Co., for the purpose of recovering the sum of $1,860 the alleged value of 400 cases of eggs which the petition alleged had been transferred by Pendleton to Miller & Co., under such circumstances as to render such transfer voidable under section 60b of the bankruptcy law, or under such circumstances as to render such transfer null and void under section 67e of said…
1Opinion of the CourtCarland, District Judge
(after stating the facts as above). The claim that Miller & Co. were not creditors of Pendleton at the time of the transfer of the car of eggs on May 4, 1904, arises out of an erroneous view as to the character of the claim which Miller & Co. then had against Pendleton. No doubt Miller & Co. intended the sale of the car of eggs sold on April 23, 1904, to be for cash. The sale of the eggs, however, was defeated by the unlawful conversion of the ■car of eggs hy Pendleton without payment of the draft attached', to the bill of lading, as the payment of the draft was a condition precedent to the…
2Cases cited18 opinions
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- Garrett v. Burlington Plow Co.Supreme Court of Iowa · 1886
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Van Patten v. BurrSupreme Court of Iowa · 1879
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3Cited by3 opinions
- In Re BaumgartnerCourt of Appeals for the Seventh Circuit · 1931
- Gering v. LeydaCourt of Appeals for the Eighth Circuit · 1911
- National Bond & Investment Co. v. SchmidtCourt of Appeals for the Seventh Circuit · 1931