Legal Opinion

Atlantic Gypsum Co. v. Federal Nat. Bank of Boston

Court of Appeals for the First Circuit

Decided March 9, 1935No. 2972PublishedCited by 6 opinions

1Opinion of the Court

MORTON, Circuit Judge.

The question is whether the plaintiff has a preferred claim in the amount of $5,000 against the assets of the Federal National Bank which failed and is being liquidated by the defendant Pearson as receiver. There is no controversy about the facts.

The claimant made a contract with the Sunrayed Limeshell Products Company, under which the claimant agreed to process shells to be delivered to it by the limeshell company. Preparatory expenses for the purchase of machinery were required of the gypsum company by the contract; and it desired security that it should be repaid. The…

2Cases cited4 opinions

  1. Cook County National Bank v. United StatesSupreme Court of the United States · 1883
  2. Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
  3. Blakey v. BrinsonSupreme Court of the United States · 1932
  4. First Nat. Bank of St. Petersburg v. City of MiamiCourt of Appeals for the Fifth Circuit · 1934

3Cited by6 opinions

  1. Branch v. Federal Deposit InsuranceDistrict Court, D. Massachusetts · 1993
  2. In Re Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1936
  3. Converse Rubber Co. v. Boston-Continental Nat. BankDistrict Court, D. Massachusetts · 1935
  4. Downriver Community Federal Credit Union v. Penn Square Bank, Through Its Receiver, Federal Deposit Insurance Corporation, Wood Products Credit Union, Plaintiff-Appellant/cross-Appellee v. Penn Square Bank, Through Its Receiver, Federal Deposit Insurance Corporation, Defendant-Appellee/cross-AppellantCourt of Appeals for the Tenth Circuit · 1989
  5. MBank New Braunfels, N.A. v. Federal Deposit InsuranceDistrict Court, N.D. Texas · 1991

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