Darragh v. Elliotte
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Suit in equity by C. H. Elliotte, trustee of the Merriman Bros. Auto Company, a partnership, bankrupt, against W. H. Darragh and W. S. Biles & Co. Decree for complainant against Darragh, and for Biles & Co. against complainant and Darragh. From the decree, the trustee, Darragh, and W. S. Biles & Co. appeal separately.
1Opinion of the Court
EVANS, District Judge.
These three appeals were heard upon one record and may be disposed of in one opinion.
A. G. Moss and N. S. Bruce composed a partnership firm styled Merriman Bros. Auto Company, which did business in Memphis, Tenn. On December 9, 1910, Moss filed a petition in the District Court, alleging the insolvency of the firm, and prayed that it might be adjudged bankrupt. On the next day Bruce, the other partner, filed an answer denying the insolvency of the firm; but this answer was subsequently withdrawn, and on January 2, 1911, the adjudication was made. In due course C. H.…
2Cases cited2 opinions
- Grange Warehouse Ass'n v. OwenTennessee Supreme Court · 1888
- McClung v. ColwellTennessee Supreme Court · 1901
3Cited by6 opinions
- Manufacturers Acceptance Corporation v. HaleCourt of Appeals for the Sixth Circuit · 1933
- Clark v. CorserSupreme Court of Minnesota · 1923
- In re Chattanooga Savings BankCourt of Appeals for the Sixth Circuit · 1919
- In Re Alday Motor Co.District Court, D. Tennessee · 1930
- Hamilton Nat. Bank v. McCallumCourt of Appeals for the Sixth Circuit · 1932
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