Legal Opinion

Wohlschlaeger v. Duncan

Court of Appeals for the Eighth Circuit

Decided December 5, 1946No. 13318PublishedCited by 5 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

The appellants, creditors of the appel-lee, Duncan, petitioned the District Court to adjudge him an involuntary bankrupt. In their petition they charged him with three acts of bankruptcy: (1) making a general assignment for the benefit of creditors; (2) suffering, while insolvent, the appointment of a trustee to take charge of his (Duncan’s) property; and (3) making, while insolvent, a preferential transfer of a portion of his property to a creditor.

In his answer Duncan denied the qualifications of the petitioning creditors, and denied that he was insolvent or had…

2Cases cited8 opinions

  1. West Co. v. LeaSupreme Court of the United States · 1899
  2. White v. CotzhausenSupreme Court of the United States · 1889
  3. United States v. Middle States Oil CorporationCourt of Appeals for the Eighth Circuit · 1927
  4. Freund v. YaegermanU.S. Circuit Court for the District of Eastern Missouri · 1884
  5. In re Heleker Bros. Mercantile Co.District Court, D. Kansas · 1914

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

3Cited by5 opinions

  1. In re Western Auto Associate StoreDistrict Court, W.D. Virginia · 1968
  2. Community Progress, Inc. v. WhiteSupreme Court of Connecticut · 1982
  3. In the Matter of Wing Sing Chew, Alleged Bankrupt, and Rose Wong Chew, Alleged Bankrupt. Howard B. Crittenden, Jr. v. Kal W. Lines, Receiver-AppelleeCourt of Appeals for the Ninth Circuit · 1974
  4. In re Central R. of New JerseyCourt of Appeals for the Third Circuit · 1947
  5. In the Matter of Wing Sing Chew, Alleged Bankrupt, and Rose Wong Chew, Alleged Bankrupt. Howard B. Crittenden, Jr. v. Kal W. Lines, Receiver-AppelleeCourt of Appeals for the Ninth Circuit · 1974

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