Legal Opinion

Spears v. Frenchton & B. R.

Court of Appeals for the Fourth Circuit

Decided February 13, 1914No. 1205PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Northern District of West Virginia, at Philippi; Alston G. Dayton, Judge. In Bankruptcy. . Petition by Samuel T. Spears, as trustee in bankruptcy of Newell Brothers Dumber Company, against the Frenchton & Burnsville Railroad Company to compel defendant to deliver its assets to petitioner ás a part of the bankrupt’s estate. From a decree setting aside a referee’s order granting the relief prayed, petitioner appeals.

1Opinion of the Court

PRITCHARD, Circuit Judge.

On the 28th day of December, 1912. S. T. Spears, special receiver in the matter of Newell Brothers Lumber Company, a corporation, bankrupt, in bankruptcy, in the District Court of the United States for the Northern District of West Virginia, filed his petition before M. H. King, referee, before whom said bankruptcy proceedings were pending. The petition alleged that the said Newell Brothers Dumber Company was the owner of a certain railroad together with certain equipment, connected therewith, being the same property formerly owned by the Frenchton & Arlington Railway…

2Cases cited4 opinions

  1. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  2. First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
  3. Frost v. Latham & Co.U.S. Circuit Court for the District of Southern Alabama · 1910
  4. In re HaydenDistrict Court, D. Massachusetts · 1908

3Cited by2 opinions

  1. Metz v. KnobelCourt of Appeals for the Second Circuit · 1927
  2. Steinberg v. MileaDistrict Court, E.D. New York · 1936

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