Legal Opinion
In Re Penn Table Co.
District Court, S.D. West Virginia
Decided March 15, 1939No. 3346PublishedCited by 4 opinions
1Opinion of the Court
HARRY E. WATKINS, District Judge.
This is a review of an order of a referee denying petitioner, Henderson-Baker Lumber Company, the right to reclaim certain lumber, or the proceeds thereof, from the trustee. Reclamation is asked on the ground that the lumber was obtained from petitioner by fraud, because (1) the purchaser was insolvent at the time of purchase and, concealing its insolvency, did not intend to pay, and (2), affirmative misrepresentations made to induce sale.
An agreed statement of facts upon which the case was submitted shows that the lumber-was purchased by Penn Table Company,…
2Cases cited7 opinions
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Manly v. Ohio Shoe Co.Court of Appeals for the Fourth Circuit · 1928
- California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
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3Cited by4 opinions
- Paragon Securities Company v. CohenCourt of Appeals for the Third Circuit · 1978
- B. Berger Co. v. Contract Interiors, Inc. (In Re Contract Interiors, Inc.)United States Bankruptcy Court, E.D. Michigan · 1981
- Giannone v. CohenCourt of Appeals for the Third Circuit · 1978
- Endicott Johnson Corp. v. ScottDistrict Court, D. Wyoming · 1959