Legal Opinion
BF Farnell Company v. Monahan
Michigan Supreme Court
Decided April 5, 1966No. Calendar 6, Docket 50,917PublishedCited by 48 opinions
1Opinion of the CourtBlack, J.
Defendant-appellee has fairly stated the controlling question:
“Where a defendant-contractor (1) has received payment for work performed under a contract, and, while the funds were still in hand, but before the payment of all materialmen, (2) filed a voluntary petition in bankruptcy, (3) delivered those funds to the trustee in bankruptcy pursuant to the bankruptcy act (11 USC, § 110, et seq.) and (4) was subsequently discharged in bankruptcy, is such defendant-contractor entitled to a summary judgment, as a matter of law, against a plaintiff-materialman who claims a civil judgment, asserting…
2Cases cited5 opinions
- Ferguson v. GiesMichigan Supreme Court · 1890
- Creek v. LaskiMichigan Supreme Court · 1929
- Smith v. Lawrence Baking Co.Michigan Supreme Court · 1963
- Club Holding Co. v. Flint Citizens Loan & Investment Co.Michigan Supreme Court · 1935
- R. C. Mahon Co. v. HallisCourt of Appeals for the Sixth Circuit · 1940
3Cited by48 opinions
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
- Abendschein v. FarrellMichigan Supreme Court · 1969
- DiPonio Construction Co. v. Rosati Masonry Co.Michigan Court of Appeals · 2001
- Long v. Chelsea Community HospitalMichigan Court of Appeals · 1997
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