Nichols v. Elken
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Separate suits by George E. Nichols, as trustee in bankruptcy of Irving Tilden, a bankrupt, against M. E. Elken and another, a copartnership, against the Farmers’ & Merchants’ National Bank of Hatton, N. D., and against O. M. Hegge. In each case the bill was dismissed, and complainant appeals.
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Appeal from the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Separate suits by George E. Nichols, as trustee in bankruptcy of Irving Tilden, a bankrupt, against M. E. Elken and another, a copartnership, against the Farmers’ & Merchants’ National Bank of Hatton, N. D., and against O. M. Hegge. In each case the bill was dismissed, and complainant appeals. These are separate suits by the appellant in each case as trustee in bankruptcy of Irving Tilden, a bankrupt, to recover from the several defendants a preference alleged to have been paid by…
1Opinion of the Court
REED, District Judge.
As each case involves substantially the same questions, they may be disposed of in one opinion.
Irving Tilden was adjudicated a bankrupt by the District Court of the United States for the District of North Dakota, November 29, 1909 (whether upon his own petition or the petition of creditors does not appear), and the plaintiff, George E. Nichols, was in due time appointed trustee of his estate. At the time of his adjudication the bankrupt lived in Fargo, N. D., and previously lived in Hatton, that state, not far from Fargo. He was a building contractor, and for some *690time…
2Cases cited3 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- De Laval Separator Co. v. Iowa Dairy Separator Co.Court of Appeals for the Eighth Circuit · 1912
3Cited by12 opinions
- Dunlap v. Seattle National BankWashington Supreme Court · 1916
- Wootton Land & Fuel Co. v. OwnbeyCourt of Appeals for the Eighth Circuit · 1920
- Brown Shoe Co. v. CarnsCourt of Appeals for the Eighth Circuit · 1933
- Charlesworth v. Hipsh, Inc.Court of Appeals for the Eighth Circuit · 1936
- International Minerals & Chemical Corporation v. Harry Moore, Jr., as Trustee for and on Behalf of the Estate of Billie Sol EstesCourt of Appeals for the Fifth Circuit · 1966
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