Jones v. H. M. Hobbie Grocery Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Middle District of Alabama; Henry D. Clayton, Judge. In the matter of the bankruptcy of B. A. Collins. A petition by the II. M. liobbie Grocery Company for review of an order of the referee denying reclamation of merchandise sold the bankrupt having been granted, and reclamation allowed (242 Fed. 975), E. O. Jones, trustee in bankruptcy, appeals.
1Opinion of the Court
WALKER, Circuit Judge.
The appellee asserted the right to rescind, on the ground of alleged fraud, a sale of goods made by it to the bankrupt a few days before the latter filed his voluntary petition in bankruptcy, and to reclaim the goods sold, which went into the pos*432session of the trustee in bankruptcy; no part of the purchase price having been paid. The trustee appeals from a decree sustaining the claim asserted.
[1] If one who at the time is insolvent, or in failing circumstances, obtains goods from another on credit, witíi no intention of paying for them, or at least with no reasonable…
2Cases cited6 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- McKensie v. RothschildSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Mill Concepts Corp.United States Bankruptcy Court, D. Massachusetts · 1991
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Manly v. Ohio Shoe Co.Court of Appeals for the Fourth Circuit · 1928
- B. Berger Co. v. Contract Interiors, Inc. (In Re Contract Interiors, Inc.)United States Bankruptcy Court, E.D. Michigan · 1981
- In Re WeissmanCourt of Appeals for the Second Circuit · 1927
8 more not listed; retrieve them via the Exa API.