Legal Opinion

Reeves v. York Engineering & Supply Co.

Court of Appeals for the Fifth Circuit

Decided March 25, 1918No. 3066PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. In the matter of the bankruptcy of the Alliance Milling Company. The York Engineering & Supply Company filed proof of claim, alleging a constitutional and statutory lien, and on the same day it filed a petition, setting up the facts of the transaction out of which the claim arose.

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Appeal from the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. In the matter of the bankruptcy of the Alliance Milling Company. The York Engineering & Supply Company filed proof of claim, alleging a constitutional and statutory lien, and on the same day it filed a petition, setting up the facts of the transaction out of which the claim arose. J. H. Reeves, trustee in bankruptcy, filed a protest, and, the judgment of the referee allowing the claim and lien having been affirmed by the District Court, he appeals.

1Opinion of the Court

BATTS, Circuit Judge.

The Alliance Milling Company was adjudged a bankrupt on April 5, 1916. May 23, 1916, the York Engineering & Supply Company, appellee, filed proof of claim in the sum of $2,411.25, alleging a- constitutional and statutory lien for material and machinery furnished and placed on the property of the bankrupt; and, on the same day, filed a petition setting up the facts of the transaction out of which the claim arose. The trustee filed a protest. The referee allowed the claim and lien. The trustee excepting, the matter was certified to the United States District Court, where…

2Cases cited14 opinions

  1. Strang v. PrayTexas Supreme Court · 1896
  2. Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
  3. Bassett v. MillsTexas Supreme Court · 1896
  4. Thomas v. DavisSupreme Court of Missouri · 1882
  5. De Bruin v. Santo Domingo Land & Irrigation Co.Court of Appeals of Texas · 1917

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3Cited by7 opinions

  1. First National Bank in Dallas v. Whirlpool Corp.Texas Supreme Court · 1974
  2. Moore v. Carey Bros. Oil Co.Texas Commission of Appeals · 1925
  3. Mutual Lumber Co. v. SheppardCourt of Appeals of Texas · 1943
  4. Boots Builders, Inc. v. Hobson Air Conditioning, Inc. (In Re Boots Builders, Inc.)United States Bankruptcy Court, N.D. Texas · 1981
  5. Enterprise Products Operating, L.P. v. Enron Gas Liquids Inc. (In Re Enron Corp.)District Court, S.D. New York · 2004

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