Davis v. Louisville Trust Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Kentucky. In the matter of the Howe Manufacturing Company, bankrupt. On appeal from order disallowing claim of Hueling Davis. This is an appeal from an order entered in the court below April 9, 1908, rejecting a claim of Davis, appellant, against the Howe Manufacturing Company, bankrupt, for $5,000 and interest.
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Appeal from the District Court of the United States for the Western District of Kentucky. In the matter of the Howe Manufacturing Company, bankrupt. On appeal from order disallowing claim of Hueling Davis. This is an appeal from an order entered in the court below April 9, 1908, rejecting a claim of Davis, appellant, against the Howe Manufacturing Company, bankrupt, for $5,000 and interest. The company was adjudicated a bankrupt December 22, 1906,, and the Louisville Trust Company, one of the appellees, was thereafter appointed trustee. The claim grows out of a purchase by Davis of 50 shares…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The initial test of the validity of the claim of Davis is involved in important questions of admissibility of evidence. It is contended in the first place that no competent witness was produced to testify that any report of the financial condition of the company was ever made to the mercantile agency; and, in the next place, that the instrument exhibited as such a report could not if received in evidence be considered as addressed to Davis or as having been intended to influence him or any one else in the purchase of treasury stock of the bankrupt company.…
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