Legal Opinion

In re Kerlin

Court of Appeals for the Sixth Circuit

Decided November 4, 1913No. 2,367PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. In the matter of Richard G. Kerlin, alleged bankrupt. From orders adjudging Kerlin bankrupt, appeal is taken.

1Opinion of the Court

WARRINGTON, Circuit Judge.

This is an appeal from an order of July 24, 1912, adjudging Richard G. Kerlin, bankrupt. The proceeding was commenced by petition of certain of his creditors in involuntary bankruptcy, alleging that, while insolvent, he, in conjunction with E. M. Kerlin, committed an act of bankruptcy on January 26, 1911, by transferring and paying $15 of their money to Merton L. Bamer in settlement of a claim against them as indorsers on a promissory note; that this was done with “intent by Richard G. Kerlin to prefer Merton E. Bamer over his other creditors.” In his answer Kerlin…

2Cases cited4 opinions

  1. Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
  2. Toof v. MartinSupreme Court of the United States · 1871
  3. Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
  4. John Naylon & Co. v. Christiansen Harness Mfg. Co.Court of Appeals for the Sixth Circuit · 1908

3Cited by4 opinions

  1. Cumberland Portland Cement Co. v. Reconstruction Finance Corp.District Court, E.D. Tennessee · 1953
  2. Houchin Sales Co. v. AngertCourt of Appeals for the Eighth Circuit · 1926
  3. Stearns Salt & Lumber Co. v. HammondCourt of Appeals for the Sixth Circuit · 1914
  4. Spencer v. Hiram Walker & Sons Grain Corp.Court of Appeals for the Sixth Circuit · 1940

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