Lehigh Valley Coal Sales Co. v. Maguire
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. In the matter of the bankruptcy of the estate of the Gilmore-Thayer Company. Beach W. Maguire, trustee, filed objections to the claim of the Lehigh Valley Coal Sales Company. Brom a decree sustaining the trustee’s objection, the Coal Sales Company appeals.
1Opinion of the Court
BAKER, Circuit Judge.
During the summer and fall of 1915 the bankrupt became largely indebted to appellant on open account for coal. Appellant, learning that the bankrupt was in financial straits, refused to ship any more coal unless paid for in advance. On November 29th the bankrupt sent an order to appellant for coal and a certified check for $275 in payment. At this time the bankrupt was insolvent, and appellant knew it. Creditors the next day filed their petition, under which appellee became successor to the bankrupt’s estate. Appellant refused to ship coal, retained the $275, and filed a…
2Cases cited5 opinions
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Libby v. HopkinsSupreme Court of the United States · 1881
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Alvord v. RyanCourt of Appeals for the Eighth Circuit · 1914
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Court of Appeals for the Seventh Circuit · 1912
3Cited by15 opinions
- Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990
- In Re Saugus General Hospital, Inc., Debtor. Philip L. Sisk, Receiver of Saugus General Hospital v. Saugus Bank and Trust CompanyCourt of Appeals for the First Circuit · 1983
- Arkansas Fuel Oil Co. v. LeiskCourt of Appeals for the Fifth Circuit · 1943
- In Re Rosenbaum Grain CorporationCourt of Appeals for the Seventh Circuit · 1939
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