Curlee Clothing Co. v. Uberman

This suit was instituted by appellant to recover about $1,650 which it claimed appellee owed it on an open account. Appellee was a merchant at Cleburne, and in December, 1921, he notified his creditors, including appellant, that he was in a failing condition and, unless he could make some adjustment with his creditors, he would take the benefit of the Bankruptcy Law (U. S. Comp. St. §§ 9585-9656). Efforts were made by appellee and his creditors to sell the stock of merchandise, but no sale was perfected. In February, 1922, appellee, at the request of some of .his creditors, transferred all…