Davis v. Willey
Court of Appeals for the Ninth Circuit
_ In Error to District Court of the United States for the Second Division of the Northern District of California; William C. Van Elect, Judge. Action by John C. Davis, as trustee in bankruptcy of the estate of Charles F. Willey, against E. T. Willey. Judgment for defendant (263 Fed. 588), and plaintifiBjrings error. This action, brought under section 70e of the Bankruptcy Act (Comp. St. § 9654), was instituted in March, 1918, by Davis, trustee of the estate of C. If.
Read the full summary
_ In Error to District Court of the United States for the Second Division of the Northern District of California; William C. Van Elect, Judge. Action by John C. Davis, as trustee in bankruptcy of the estate of Charles F. Willey, against E. T. Willey. Judgment for defendant (263 Fed. 588), and plaintifiBjrings error. This action, brought under section 70e of the Bankruptcy Act (Comp. St. § 9654), was instituted in March, 1918, by Davis, trustee of the estate of C. If. Willey, bankrupt, against E. T. Willey, to recover certain sums transferred to E. T. Willey in 1912 by the bankrupt, C. E.…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The more important assignment of error presents the question whether the court erred in holding that the action was barred by the provisions of section 338 of the California Code of Civil Procedure heretofore quoted.
[1] Upon reading the record, there can be no substantial doubt of the accuracy of the finding of the District Court that McGinn and the counsel who represented him at the trial, which concerned ownership of an automobile claimed by E. T. Willey on the ground that it had been purchased with funds that belonged to C. F. Wiíley, in the state court…
2Cases cited7 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Truett v. OnderdonkCalifornia Supreme Court · 1898
- In re MullenDistrict Court, D. Massachusetts · 1900
- Holbrook v. International Trust Co.Massachusetts Supreme Judicial Court · 1915
- Archer v. FreemanCalifornia Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- G-I Holdings, Inc. v. Those Parties Listed on Exhibit a (In Re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2004
- Zazzali v. United States (In Re DBSI, Inc.)Court of Appeals for the Ninth Circuit · 2017
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
26 more not listed; retrieve them via the Exa API.