J. B. McFarlan Carriage Co. v. Solanas
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. J. B. McFarlan, Sr., J. B. McFarlan, Jr., Charles E. J. McFarlan. William W. Melgarían, and James E. McFarlan, constituting a commercial firm or partnership under the name of J. B. McFarlan Carriage Company, the plaintiffs in error, are all citizens of the state of Indiana.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. J. B. McFarlan, Sr., J. B. McFarlan, Jr., Charles E. J. McFarlan. William W. Melgarían, and James E. McFarlan, constituting a commercial firm or partnership under the name of J. B. McFarlan Carriage Company, the plaintiffs in error, are all citizens of the state of Indiana. Edward C. Fenner, a citizen of Louisiana, and resident of the city of New Orleans, in the Eastern district thereof, who was lately adjudged a bankrupt under the act of congress approved July 1, 1898, in a court of bankruptcy for the…
1Opinion of the CourtMcCORMIOK, Circuit Judge
In addition to the facts above recited from the transcript of the record, we learn from the brief of counsel submitted on behalf of the defendant trustee, that:
“Pending a decision of the suit [intermediate the filing of the petition and the decree], and with the consent of the plaintiffs, sales wore made of some of the goods claimed, and the trustee retained the proceeds of said sales to respond to the final judgment of the court. The amount thus retained is $819.39.”
It thus appears that the defendant trustee did not receive this sum as trustee of the bankrupt, but as trustee for the parties…
2Cases cited2 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Byers v. McAuleySupreme Court of the United States · 1893
3Cited by4 opinions
- In re OrearCourt of Appeals for the Eighth Circuit · 1910
- McFarland Carriage Co. v. SolanesU.S. Circuit Court for the District of Eastern Louisiana · 1901
- Bennette v. LewisCourt of Appeals of Texas · 1915
- Kilgore v. BarrSupreme Court of Virginia · 1912