In re Varley & Bauman Clothing Co.
District Court, N.D. Alabama
In the matter of the Varley & Bauman Clothing Company, bankrupt. On review of orders of referee disallowing claims of Simons & McGill and Weil & Livingston except on return of preferences.
1Opinion of the Court
.GRUBB, District Judge.
These matters are heard on petitions to review orders of the referee disallowing the receipt of dividends on the claims of Simons & McGill and Weil & Livingston until payments received by them from the bankrupt had been applied as offsets to dividends pro tanto, upon the theory that the payments constituted preferences, and should be surrendered to the trustee as a condition to the allowance of the claims on the basis of the other creditors.
The bankrupt at and prior to the time of the filing of the petition was in the retail clothing business in Birmingham, Ala. Its…
2Cases cited6 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- Barbour v. PriestSupreme Court of the United States · 1881
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
- First Nat. Bank v. HoltCourt of Appeals for the Sixth Circuit · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Eyges v. Boylston Nat. BankDistrict Court, D. Massachusetts · 1923
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