Farnsworth v. Union Trust & Deposit Co.
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Northern District of West Virginia, at Parkersburg, in Bankruptcy; Alston G. Dayton, Judge. In the matter of R. M. Smith & Co., bankrupt; the Union Trust & Deposit Company, trustee. John W. Farnsworth-, special receiver of the Smith-Chapman Lumber Company, appeals from an order of 'the District Court.
1Opinion of the Court
KNAPP, Circuit Judge.
The partnership of R. M. Smith & Co.,, was composed of Robert M. Smith and his brother, John H. P. Smith. In January, 1908, the former brought suit against the latter, in the circuit court of Wood county, W. Va., for a dissolution of the partnership and the distribution of its assets among the creditors, on the ground that it was in such financial straits as not to be able to continue in business. A receiver was thereupon appointed, who took possession, of the firm’s property, and later the matter was referred to a commissioner to ascertain the indebtedness. In March,…
2Cases cited6 opinions
- Wilson v. NelsonSupreme Court of the United States · 1901
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Bradley Timber Co. v. WhiteCourt of Appeals for the Fifth Circuit · 1903
- In re PorterfieldDistrict Court, N.D. West Virginia · 1905
- In re EnglishCourt of Appeals for the Second Circuit · 1904
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3Cited by1 opinion
- In re Wolverine Bumper & Specialty Co.District Court, W.D. Michigan · 1938