Smith v. Bronaugh
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; Chas. E. Wolverton, Judge. In the matter of Morris Bros., Inc., bankrupt;- Earl C. Bronaugh, trustee. Brom an order denying preference to his claim, and subordinating it to claims of general creditors, Albert C. Smith appeals.
1Opinion of the Court
BOURQUIN, District Judge.
This appeal is from qualifications attached to allowance of appellant’s claim against the estate in bankruptcy. In review of the referee’s disallowance of the claim, the District Court determined in substance and effect that by reason of fraud imputable to the corporation bankrupt, and that induced appellant’s purchase of some of its preferred capital stock, he is entitled to rescind and to assert a claim against the estate; that the consideration he paid is not traceable into certain bonds in the estate, nor into the general mass thereof, and neither bonds nor estate…
2Cases cited6 opinions
- Schuyler v. LittlefieldSupreme Court of the United States · 1914
- Lantry v. WallaceSupreme Court of the United States · 1901
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- Ratcliff v. ClendeninCourt of Appeals for the Eighth Circuit · 1916
- Morgan v. RubleOregon Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Goldie v. CoxCourt of Appeals for the Eighth Circuit · 1942
- MacNamee v. Bankers' Union for Foreign Commerce & Finance, Inc.Court of Appeals for the Second Circuit · 1928
- Cawthon v. Bancokentucky Co.District Court, W.D. Kentucky · 1931
- In re Groenleer-Vance Furniture Co.District Court, W.D. Michigan · 1938
- Bailen v. DietrickDistrict Court, D. Massachusetts · 1935
6 more not listed; retrieve them via the Exa API.