In re Ayers
District Court, W.D. Wisconsin
In bankruptcy. Motion by the assignee to expunge the proof of debt filed by A. Pruts-man and Charles H. Stowers as guarantors upon two notes of the bankrupt payable to one G. H. Gile, amounting to 52,049. The bankrupt and one Fallís being indebted to Prutsman & Stowers, and they owing Gile, the bankrupt, with Fallis, made notes payable to Gile for the amount of the debt duo to Prutsman & Stowers, who then guaranteed them and delivered them to Gile.
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In bankruptcy. Motion by the assignee to expunge the proof of debt filed by A. Pruts-man and Charles H. Stowers as guarantors upon two notes of the bankrupt payable to one G. H. Gile, amounting to 52,049. The bankrupt and one Fallís being indebted to Prutsman & Stowers, and they owing Gile, the bankrupt, with Fallis, made notes payable to Gile for the amount of the debt duo to Prutsman & Stowers, who then guaranteed them and delivered them to Gile. These creditors had a security and they, should release it before they can legally prove for the whole. In re Jaycox, [Case No. 7,-242.] Their not…
1Opinion of the Court
HOPKINS, District Judge.
From the evidence read on the hearing of the motion, it appears that within four months ■ before the filing of the petition in bankruptcy, the bankrupt made a bill of sale of his lumber, to Mr. Gile, to pay or secure the payment of these notes, and that the assignee brought suit in' the United States circuit court for this district, against said Gile, for the recovery of the value of such' property, on the ground that the sale was illegal and void as constituting a preference contrary to the provisions of the bankrupt act, and that he recovered a judgment therefor,…
2Cited by2 opinions
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- In re Schmechel Cloak & Suit Co.District Court, W.D. Missouri · 1900