Fifth Third Nat. Bank v. Johnson
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Bill by Edgar M. Johnson, trustee of the Cincinnati Equipment Company, a- bankrupt, against the Fifth Third National Bank and others. Decree for the complainant, and certain defendants appeal.
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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Bill by Edgar M. Johnson, trustee of the Cincinnati Equipment Company, a- bankrupt, against the Fifth Third National Bank and others. Decree for the complainant, and certain defendants appeal. The Cincinnati Equipment Company was an Ohio corporation, engaged in manufacturing, repairing, and selling contractors’ machinery and equipment, and also engaged in buying and selling, on commission, such machinery and equipment made by others. The business had been…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The Ohio statutes invalidate a conveyance made with intent to de*92fraud creditors. The Bankruptcy Act (section 67e) does the same thing in'the same language, except that there is a four-months limitation. It is not clear that the same words can mean one thing in the Bankruptcy Act and mean another thing in the state law, and that at the same time the federal law can be contemplated as establishing a uniform system of bankruptcy throughout the United States; but, however that may be (and we return to the subject hereafter), we are not satisfied that as a…
2Cases cited9 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
- Sanford Fork & Tool Co. v. Howe Brown & Co.Supreme Court of the United States · 1895
- Brown v. Grand Rapids Parlor Furniture Co.Court of Appeals for the Sixth Circuit · 1893
- Smith Middlings Purifier Co. v. McGroartySupreme Court of the United States · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jensen v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
- Irwin v. MapleCourt of Appeals for the Sixth Circuit · 1918
- Equitable Life Assur. Soc. v. Mercantile Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1944
- Cory v. Hamilton Nat. BankCourt of Appeals for the Sixth Circuit · 1929
- Drainage Dist. No. 7 of Poinsett County v. SternbergCourt of Appeals for the Eighth Circuit · 1926
2 more not listed; retrieve them via the Exa API.