Legal Opinion

Washington v. Tearney

Court of Appeals for the Fourth Circuit

Decided March 14, 1912No. 1,068PublishedCited by 4 opinions

Appeal from tlie District Court of the United States for the Northern District of West Virginia, at Martiusburg, in Bankruptcy. In the matter of bankruptcy proceedings of J. Garland Hurst. On petition of J. E. Tearney and another, the surviving executors of Edward Tearney, deceased, to revise the decision of a referee requiring repayment of dividends received by them on a claim in proceedings instituted by S. W. Washington and another, surviving trustees of the bankrupt.

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Appeal from tlie District Court of the United States for the Northern District of West Virginia, at Martiusburg, in Bankruptcy. In the matter of bankruptcy proceedings of J. Garland Hurst. On petition of J. E. Tearney and another, the surviving executors of Edward Tearney, deceased, to revise the decision of a referee requiring repayment of dividends received by them on a claim in proceedings instituted by S. W. Washington and another, surviving trustees of the bankrupt. From a decree reversing the ruling of the referee (188 Fed. 707), the trustees appeal.

1Opinion of the Court

ROSE, District Judge.

The appellants are the surviving trustees in bankruptcy of J. Garland Hurst. They will be called the trustees. He the bankrupt.

The appellees aye the executors of Edward Tearney. They will be styled the executors. The deceased the creditor.

Prior to December 4, 1896, the bankrupt owed the creditor a large sum of money. Moreover, at that time the creditor was indorser or surety for the bankrupt. As such he was subsequently called upon to make good sums that the bankrupt should have paid but did not.

At the time of the filing of the petition in bankruptcy, the amount due from…

2Cases cited5 opinions

  1. Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
  2. Security Warehousing Co. v. HandSupreme Court of the United States · 1907
  3. Miller v. New Orleans Acid & Fertilizer Co.Supreme Court of the United States · 1909
  4. Moore v. TearneyWest Virginia Supreme Court · 1907
  5. Simmons v. GreerCourt of Appeals for the Fourth Circuit · 1909

3Cited by4 opinions

  1. In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
  2. Barks v. KleyneCourt of Appeals for the Eighth Circuit · 1926
  3. Maxwell v. McDanielsCourt of Appeals for the Fourth Circuit · 1912
  4. Green v. Vanston Bondholders Protective CommitteeCourt of Appeals for the Sixth Circuit · 1945

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