Golden Hill Distilling Co. v. Logue
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio ; John H. Clarke, Judge. Suit by Jamos C. Logue, as trustee of Samuel Hornstein, bankrupt, against the Golden Hill Distilling Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio ; John H. Clarke, Judge. Suit by Jamos C. Logue, as trustee of Samuel Hornstein, bankrupt, against the Golden Hill Distilling Company. Judgment for plaintiff, and defendant brings error. Shortly before judgment was taken and a levy made, as stated in the opinion, a receiver was appointed under the mortgage on the bankrupt’s stock and fixtures, and a few days later the receiver was discharged on a motion in support of which affidavits wore introduced tending to show that Hornstein was…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The Distilling Company claims that the court below had no jurisdiction of the issue presented by the petition and answer, because there was neither the requisite amount in controversy nor the requisite diverse citizenship to give jurisdiction to a United States District Court. This claim depends, primarily, upon the construction to be given the language of section 60b of the Bankruptcy Act, as that act was amended in 1903 and in 1910. After defining a voidable preference and giving the trustee the right to recover, the section since 1903 has said:
“And…
2Cases cited20 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
- Wilson v. City BankSupreme Court of the United States · 1873
- Clarke v. LarremoreSupreme Court of the United States · 1902
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3Cited by11 opinions
- Adler v. GreenfieldCourt of Appeals for the Second Circuit · 1936
- Lowenstein v. ReikesCourt of Appeals for the Second Circuit · 1931
- White Co. v. WellsCourt of Appeals for the Sixth Circuit · 1930
- Cohen v. GoldmanCourt of Appeals for the First Circuit · 1918
- Gooch v. StoneCourt of Appeals for the Sixth Circuit · 1919
6 more not listed; retrieve them via the Exa API.