Warmath v. O'Daniel
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee. The trustees in bankruptcy of Powell filed a bill in equity in the District Court, whore the proceedings were pending, for the purpose of recovering the sum of .81,061.87, that being the value of certain household furniture and fittings which were sold and transferred by the bankrupt within four months preceding the filing of the petition to the appellant, Warmath, for the purpose of…
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Appeal from the District Court of the United States for the Western District of Tennessee. The trustees in bankruptcy of Powell filed a bill in equity in the District Court, whore the proceedings were pending, for the purpose of recovering the sum of .81,061.87, that being the value of certain household furniture and fittings which were sold and transferred by the bankrupt within four months preceding the filing of the petition to the appellant, Warmath, for the purpose of paying a debt which the bankrupt owed him. The bill alleged that at the time of the transfer Powell know he was insolvent…
1Opinion of the CourtSeverens, Circuit Judge
(after stating the facts as above). This is a plenary suit of a kind of which the District Court has jurisdiction under the amendment of the Bankrupt Act of July 1, 1898, c. 541, §§ 60a, 60b, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445], enacted Feb. 5, 1903, c. 487, § 13, 32 Stat. 799 [U. S. Comp. St. Supp. 1907, p. 1031].
The question on this appeal which arises on the first two of the assignments of error is whether the court below was right in overruling the appellant’s contention on his demurrer that the suit was not properly brought in equity for the reason that there was a plain,…
2Cases cited14 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Buzard v. HoustonSupreme Court of the United States · 1886
- Hipp v. BabinSupreme Court of the United States · 1857
- Wehrman v. ConklinSupreme Court of the United States · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- Black v. BoydCourt of Appeals for the Sixth Circuit · 1957
- Toledo Fence & Post Co. v. LyonsCourt of Appeals for the Sixth Circuit · 1923
- Corbett v. Winston Elkhorn Coal Co.Court of Appeals for the Sixth Circuit · 1924
- Audit Co. of New York v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 1911
22 more not listed; retrieve them via the Exa API.