In re Cobb
District Court, E.D. North Carolina
In Bankruptcy. The referee certifies the following findings of fact and conclusions of law for review: “That on the 12th day of October. 1898, J. Haywood Sawyer having on deposit with the bank of Guirkin & Co. the sum of $1,302.70, the firm of Guirkin & Go., then doing a general banking business, and desiring to obtain a loan of $3,000 or more, made application to said Sawyer for a loan of such amount; that G. W. Oobb, a member of the firm of Guirkin & Go., was informed by…
Read the full summary
In Bankruptcy. The referee certifies the following findings of fact and conclusions of law for review: “That on the 12th day of October. 1898, J. Haywood Sawyer having on deposit with the bank of Guirkin & Co. the sum of $1,302.70, the firm of Guirkin & Go., then doing a general banking business, and desiring to obtain a loan of $3,000 or more, made application to said Sawyer for a loan of such amount; that G. W. Oobb, a member of the firm of Guirkin & Go., was informed by said Sawyer that he had on hand in the applicant’s bank the sum of $1,302.70, and that he would and could obtain for him…
1Opinion of the Court
PURKELL, District Judge.
The referee fails to find as a fact, which is shown by the testimony, that on the day of the transaction *823under consideration there was less than $500 of currency on hand, or to consider the further fact, heretofore found by the court and evident from the record, that: George W. Cobb was the only member of the Ann of Guirkin & Go.; and in making the assignment the act of bankruptcy for which both George W. Cobb individually, and as surviving' partner .of Guirkin & Co., was liable, the adjudication was made as to both, or Cobb acting in the dual capacity. Bray v. Cobb,…
2Cases cited11 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- James L. v. CarrylSupreme Court of the United States · 1858
- Porter v. SabinSupreme Court of the United States · 1893
- Clark v. IselinSupreme Court of the United States · 1875
- Shields v. ColemanSupreme Court of the United States · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re SanderlinDistrict Court, E.D. North Carolina · 1901
- In re EaglesDistrict Court, E.D. North Carolina · 1900
- In re PorterfieldDistrict Court, N.D. West Virginia · 1905
- In re Waterloo Organ Co.District Court, W.D. New York · 1902
- Wilson v. . TaylorSupreme Court of North Carolina · 1911
2 more not listed; retrieve them via the Exa API.