Legal Opinion

Johnson-Baillie Shoe Co. v. Bardsley, Elmer & Nichols

Court of Appeals for the Eighth Circuit

Decided November 16, 1916No. 4670PublishedCited by 6 opinions

Appeal from the District Court of the United States for the District of Utah; Tillman D. Johnson, Judge. Petition by the Johnson-Baillie Shoe Company, a corporation, and others, against Bardsley, Elmer & Nichols, a partnership, for adjudication of defendants in bankruptcy. From a decree dismissing the petition, petitioners appeal.

1Opinion of the Court

SANBORN, Circuit Judge.

The appellants, petitioners below, filed their petition in the District Court for an adjudication of bankruptcy of the defendants below, Bardsley, Elmer & Nichols a partnership. The defendants answered, the issues were tried on their merits, and the court found for the defendants and dismissed the petition. The appellants insist that the decree was erroneous for three reasons; (1) That the chattel mortgage made by the defendants to one of their creditors, John Scowcroft & Sons Company, a corporation, in itself constituted the act of bankruptcy denounced by section 3,…

2Cases cited13 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. Etheridge v. SperrySupreme Court of the United States · 1891
  3. Robinson v. ElliottSupreme Court of the United States · 1875
  4. Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
  5. Lansing Boiler & Engine Works v. RyersonCourt of Appeals for the Sixth Circuit · 1904

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3Cited by6 opinions

  1. Associated Grocers of Nebraska Cooperative, Inc. v. American Home Products Corp. (In Re Associated Grocers of Nebraska Cooperative, Inc.)District Court, D. Nebraska · 1986
  2. Marine Nat. Bank v. SwigartCourt of Appeals for the Sixth Circuit · 1920
  3. In Re Utrecht Coal Co.Court of Appeals for the Second Circuit · 1933
  4. Decker v. Central Soya Co. (In Re Decker)United States Bankruptcy Court, M.D. Pennsylvania · 1983
  5. In re PetersenDistrict Court, D. Nevada · 1917

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