Hi-Pro Fish Products, Inc. v. Robert Y. McClure

I think it is important in the case at bar to point out that by its memorandum opinion the District Court found appellant’s cause of action was dually premised: (1) for “negligence and mismanagement (by appellee, the) managing officer” of Commodities, Inc., a bankrupt Arkansas corporation; and (2) that because of his “wrongful, unlawful * * * conduct” appellee “obtain(ed) money and credit from suppliers with the intent * * * to avoid payment therefor.” (224 F.Supp. 1. c. 486.)

Also, appellee by brief and at oral argument before us concedes:

“Appellant sought relief from Appellee on two…