Cutler Hardware Co. v. Hacker
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Northern District of Iowa; Henry T. Reed, Judge. In the matter of F. J. Hacker & Co., a partnership, and F. J. Hacker and S. J. Hacker, individual members thereof, bankrupts.
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Appeal from the District Court of the United States for the Northern District of Iowa; Henry T. Reed, Judge. In the matter of F. J. Hacker & Co., a partnership, and F. J. Hacker and S. J. Hacker, individual members thereof, bankrupts. Petition by Josephin.e Hacker and another, as individual creditors of F. J. Hacker, a partner, for review of an order of the referee overruling their objections to the allowance of claims of creditors of the partnership against the estate of its individual members and their participation in the distribution of the assets of the individual estates equally with…
1Opinion of the Court
HOOK, Circuit Judge.
[1, 2] The question in this case is whether the reduction of. partnership debts to judgment, in a state court ac*147cording to the local law, against both the firm and the individuar members, all being thereafter adjudged bankrupt, entitles the judgment creditor to primary participation in the distribution in the bankruptcy court of the individual estates. The trial court allowed the! judgments against all the estates, but ordered that participation in the individual assets be postponed until after the individual creditors-were fully paid. In other words, the court held that…
2Cases cited8 opinions
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Boynton v. BallSupreme Court of the United States · 1887
- Amsinck v. BeanSupreme Court of the United States · 1875
- Murrill v. NeillSupreme Court of the United States · 1850
- United States v. HackSupreme Court of the United States · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Adler v. NicholasCourt of Appeals for the Tenth Circuit · 1948
- William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Letcher County v. De FoeCourt of Appeals for the Sixth Circuit · 1945
- Montgomery Ward & Co. v. Fidelity & Deposit Co.Court of Appeals for the Seventh Circuit · 1947
- Savings & Loan Corp. v. BearSupreme Court of Virginia · 1930
3 more not listed; retrieve them via the Exa API.