Legal Opinion

United States v. Gotwals

Court of Appeals for the Tenth Circuit

Decided July 19, 1946No. 3287, 3288PublishedCited by 19 opinions

1Opinion of the Court

HUXMAN, Circuit Judge.

The question in these cases is whether under 31 U.S.C.A. § 191, the United States is entitled to have its claim against H. G. House satisfied out of a fund which he assigned to Charles P. Gotwals, one of the appellees herein.

Section 191 provides that: “Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied; and the priority established shall extend…

2Cases cited5 opinions

  1. Bramwell v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1925
  2. Beaston v. Farmers' Bank of Del.Supreme Court of the United States · 1838
  3. Farwell v. NilssonIllinois Supreme Court · 1890
  4. Watson v. WillertonAppellate Court of Illinois · 1930
  5. Wood v. Adler-Goldman Commission Co.Supreme Court of Arkansas · 1894

3Cited by19 opinions

  1. In Re Estate of FunkIllinois Supreme Court · 2006
  2. United States v. 58th Street Plaza Theatre, Inc.District Court, S.D. New York · 1968
  3. Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
  4. Fischer Construction Company v. Fireman's Fund Insurance Company, Fireman's Fund Insurance Company v. Fischer Construction CompanyCourt of Appeals for the Tenth Circuit · 1969
  5. Lakeshore Apartments, Inc. v. United States of America, Elazar Behar Et Ux. v. United StatesCourt of Appeals for the Ninth Circuit · 1965

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