Legal Opinion
In the Matter of General Steel Tank Company, Inc., Bankrupt. Merritt-Holland Welding Suplies, Inc. v. General Steel Tank Company, Inc.
Court of Appeals for the Fourth Circuit
Decided May 4, 1973No. 72-2279PublishedCited by 12 opinions
1Opinion of the Court
BUTZNER, Circuit Judge:
This appeal concerns the right of attaching creditors to seek recovery against an unindemnified surety on bonds given to release an insolvent debt- or’s property that had been attached within four months before the filing of an arrangement under Chapter XI of the Bankruptcy Act. 1 The district court, affirming the referee, held that § 67 (a) of the Act rendered the bonds null and void, and it restrained the attaching creditors from continuing state court suits to recover from the surety the accounts owed by the debtor. Because we hold that the Act does not discharge the…
2Cases cited19 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Hill v. HardingSupreme Court of the United States · 1889
- Marshall Paper Co. v. TrainCourt of Appeals for the First Circuit · 1900
- Morris Plan Bank of Georgia v. SimmonsSupreme Court of Georgia · 1946
- Miller v. CollinsSupreme Court of Missouri · 1931
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
- Stanndco Developers, Inc. v. HoffenbergCourt of Appeals for the Second Circuit · 1976
- In Re SINKING OFCourt of Appeals for the First Circuit · 1986
- Mathews Cadillac, Inc. v. Phoenix of Hartford InsuranceCalifornia Court of Appeal · 1979
- Kash & Karry Wholesale, Inc. v. Citizens & Southern National Bank of South Carolina (In Re Kash & Karry Wholesale, Inc.)United States Bankruptcy Court, D. South Carolina · 1982
7 more not listed; retrieve them via the Exa API.