Linstroth Wagon Co. v. Ballew
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Texas. On July 12, 1904, one W. M. Morgan, who resides and does business in Corsicana, Navarro county, Tex., made his application to the Linstroth Wagon Company, the appellant, at its place of business, in St. Louis, Mo., to buy a lot of its wagons on a credit of four, six, and eight months.
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Appeal from the District Court of the United States for the Northern District of Texas. On July 12, 1904, one W. M. Morgan, who resides and does business in Corsicana, Navarro county, Tex., made his application to the Linstroth Wagon Company, the appellant, at its place of business, in St. Louis, Mo., to buy a lot of its wagons on a credit of four, six, and eight months. Before accepting Morgan’s orders, the appellant investigated his commercial standing, and ascertained, from his report and statement made to R. G. Dun & Co.’s Commercial Agency, that he claimed to have assets amounting to…
1Opinion of the CourtMcCORMICK, Circuit Judge
The features of this case call to mind the opinion which seems to have been quite prevalent in many quarters at one time while the bankrupt act of 1867 was in force, that the moment a man is declared bankrupt, the District Court, which has so adjudged, draws to itself, by that *964act; not only all control of the bankrupt's property and credits, but that no one can litigate with the trustee contested rights in any other court except in so far as the Circuit Courts had concurrent jurisdiction, and that other courts could proceed no further in suits of which they had, at that time, full cognizance;…
2Cases cited13 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Peck v. JennessSupreme Court of the United States · 1849
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Coleman v. AlcockCourt of Appeals for the Fifth Circuit · 1959
- Globe Construction Co. v. Oklahoma City Housing AuthorityCourt of Appeals for the Tenth Circuit · 1978
- In re Dayton Coal & Iron Co.District Court, E.D. Tennessee · 1922
- Stark v. Baltimore Soda Fountain Mfg. Co.District Court, D. Maryland · 1952
- Brown Shoe Co. v. McKeyCourt of Appeals for the Seventh Circuit · 1924
13 more not listed; retrieve them via the Exa API.