In re Spinks Drug Co.
District Court, N.D. Georgia
In Bankruptcy. In the matter of the Spinks Drug Company, bank- • rupt. On intervention of the Ridley-Yates Company. On review of referee’s judgment against intervener.
1Opinion of the Court
SIBLEY, District Judge.
[1] The intervener seeks to rescind a sale of goods made to the bankrupt a few weeks before the failure, on the ground of fraud in the purchase. The intervention is not sworn to, but this defense was waived by going to trial without objection, and cannot now be insisted upon.
The evidence certified by the referee shows that a statement of financial standing was made on the day the goods were purchased, and in order to buy them, which is now admitted to have been materially false, and that the goods were sold on the strength of it. The goods sold are largely on hand and…
2Cases cited4 opinions
- Jones v. H. M. Hobbie Grocery Co.Court of Appeals for the Fifth Circuit · 1917
- Silvey & Co. v. TiftSupreme Court of Georgia · 1905
- In re Underwood & DanielDistrict Court, N.D. Georgia · 1914
- In re SpannDistrict Court, N.D. Georgia · 1910
3Cited by2 opinions
- In Re Mill Concepts Corp.United States Bankruptcy Court, D. Massachusetts · 1991
- In Re RhineDistrict Court, D. Colorado · 1965