Legal Opinion

Martin v. Globe Bank & Trust Co. of Paducah

Court of Appeals for the Sixth Circuit

Decided February 13, 1912No. Nos. 2,091, 2,160PublishedCited by 15 opinions

Appeal from the District Court of the United States for the Western District of Kentucky. In the matter of bankruptcy proceedings of T. J. Atkins. Petition by Arthur Y. Martin, trustee of the bankrupt, to review an order-providing for the distribution of certain assets for the Globe Bank & Trust Company of Paducah, Ky., and certain other creditor banks of the bankrupt. From an order of the District Court, affirming the referee’s order, the trustee appeals.

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Appeal from the District Court of the United States for the Western District of Kentucky. In the matter of bankruptcy proceedings of T. J. Atkins. Petition by Arthur Y. Martin, trustee of the bankrupt, to review an order-providing for the distribution of certain assets for the Globe Bank & Trust Company of Paducah, Ky., and certain other creditor banks of the bankrupt. From an order of the District Court, affirming the referee’s order, the trustee appeals. December 28, 1908, T. J. Atkins was, under involuntary proceedings in bankruptcy previously begun in the court below, adjudicated a…

1Opinion of the CourtWarrington, Circuit Judge

(after stating the facts as above). The question presented for our decision is whether the order of distribution is correct. The order provides that the proceeds, $16,-146.58, derived from the sale of property conveyed by the bankrupt, shall be paid pro rata upon the claims alone of the three banks. While the order was made in the matter of the bankruptcy of T. J. Atkins, two cases nominally are docketed in this court by the trustee; *845one on appeal and the other by petition to revise in matter of law. Since the cases are based on the same order and no objection is made by either side touching…

2Cases cited18 opinions

  1. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
  2. Claflin v. HousemanSupreme Court of the United States · 1876
  3. Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
  4. In Re Watts and SachsSupreme Court of the United States · 1903
  5. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904

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3Cited by15 opinions

  1. In re Diamond's EstateCourt of Appeals for the Sixth Circuit · 1919
  2. Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
  3. Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
  4. Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
  5. Detroit Trust Co. v. Pontiac Savings BankCourt of Appeals for the Sixth Circuit · 1912

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