Farnsworth v. Union Trust & Deposit Co.
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Northern District of West Virginia, at Parkersburg, in Bankruptcy; Alston G. Dayton, Judge. In the matter of R. M. Smith & Co., bankrupts. From an order, in proceedings against the Union Trust & Deposit Company confirming the reduction by the referee of the claim of John W. Farnsworth,, special receiver of the Smith-Chapman Fumber Company, he appeals.
1Opinion of the Court
ROSE, District Judge.
R. M. and J. H. P. Smith were copartners. They traded as R. M. Smith & Co. They will be called the “bankrupts.” In the names of its individual members the copartnership subscribed for 445 shares of the par value of $100 each of the capital stock of the Smith-Chapman Lumber Company. This corporation will he referred to as the “company.” It had a short life. It became insolvent less than two years after it was formally organized and a trifle over two years after its certificate of incorporation was issued. A state court *of competent jurisdiction appointed a receiver for…
2Cases cited4 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Bank v. Belington Coal & Coke Co.West Virginia Supreme Court · 1902
- Whitlock v. . AlexanderSupreme Court of North Carolina · 1912
- Richardson v. GrahamWest Virginia Supreme Court · 1898
3Cited by1 opinion
- Farnsworth v. Union Trust & Deposit Co.Court of Appeals for the Fourth Circuit · 1921