In re Telfer
Court of Appeals for the Sixth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Western District of Michigan. In the matter of Union Bank, Whitney, Gilkey & Co., a copartnership, Wallace W. Dewey, Elias W. Bowman, Patrick H. Gilkey, Asa Stratton, Rell S. Wilson, and Richard D1. Whitney, individually and as members of said copartnership, bankrupts. On petition of Robert R. Telfer, trustee* to review an order of the District Court.
Read the full summary
Petition for Revision of Proceedings of the District Court of the United States for the Western District of Michigan. In the matter of Union Bank, Whitney, Gilkey & Co., a copartnership, Wallace W. Dewey, Elias W. Bowman, Patrick H. Gilkey, Asa Stratton, Rell S. Wilson, and Richard D1. Whitney, individually and as members of said copartnership, bankrupts. On petition of Robert R. Telfer, trustee* to review an order of the District Court. Robert R. Telfer, as trustee in bankruptcy, has brought two cases into this court upon petitions to review in matter of law an order made by the court below…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). At the time the partnership and each of its members were adjudged bankrupts, there were both joint and separate assets. A dividend, however, at the same rate as that paid to the ordinary individual creditors (i. e., in contradistinction to the partnership as a creditor) of one of the partners was paid out of his separate estate to the joint estate upon a claim for money loaned to him by the partnership.
The trustee maintains that this disposition of individual assets must be sustained independent of the bankruptcy act, but more especially in consequence of…
2Cases cited26 opinions
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- James Pott & Co. v. SchmuckerCourt of Appeals of Maryland · 1897
- Amsinck v. BeanSupreme Court of the United States · 1875
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- Smith v. McMickenSupreme Court of Louisiana · 1848
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Anderson v. Stayton State BankOregon Supreme Court · 1916
- E. I. Du Pont de Nemours Powder Co. v. Jones Bros.District Court, S.D. Ohio · 1912
- In re WellsDistrict Court, S.D. Ohio · 1924
- In re WoodCourt of Appeals for the Sixth Circuit · 1918
- In re CurrieDistrict Court, E.D. Michigan · 1910
5 more not listed; retrieve them via the Exa API.