Legal Opinion

Johnson v. Morris

Court of Appeals for the Tenth Circuit

Decided May 6, 1949No. Nos. 3802, 3803PublishedCited by 13 opinions

1Opinion of the Court

HUXMAN, Circuit Judge.

The question in these appeals is whether the claims of the appellants1 against the Culver Aircraft Corporation, a bankrupt, in bankruptcy; are entitled to preference and whether the Referee erred in allowing them only as common claims. It is conceded that the funds which were deposited by these claimants with the Culver Aircraft Corporation, and out of which their claims arose, were trust funds, that they were misappropriated by Culver, co-mingled with its assets and used in its business.

A brief statement of the facts will suffice to present the question. Culver Aircraft…

2Cases cited7 opinions

  1. Arnold Investment Co. v. Citizens State BankSupreme Court of Kansas · 1916
  2. Kershaw v. JenkinsCourt of Appeals for the Tenth Circuit · 1934
  3. Woods v. DuvalSupreme Court of Kansas · 1940
  4. Kirby v. WaitSupreme Court of Kansas · 1926
  5. Sefton v. Farmers State BankSupreme Court of Kansas · 1934

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  2. Connecticut General Life Insurance Company v. Universal Insurance Company, Hector Manuel Rodriguez-Estrada, Connecticut General Life Insurance Company v. Universal Insurance Company, Connecticut General Life Insurance Company v. Universal Insurance CompanyCourt of Appeals for the First Circuit · 1988
  3. Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
  4. Central States Corp. v. Luther. In Re Garden Grain & Seed Co., IncCourt of Appeals for the Tenth Circuit · 1954
  5. Malone v. GimpelDistrict Court, N.D. New York · 1957

8 more not listed; retrieve them via the Exa API.

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