James Supply & Hardware Co. v. Dayton Coal & Iron Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, judge. In the matter of the Dayton Coal & Iron Company, Limited, alleged bankrupt. From a judgment entered on a directed verdict, dismissing the petition, the James Supply &, Hardware Company and others, petitioning creditors, bring error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
On a trial to a jury of the issues joined upon a creditors’ petition for adjudication in bankruptcy verdict was rendered by direction of the court, and judgment of dismissal entered accordingly. The case is here on writ of error. Elliott v. Toeppner, 187 U. S. 327, 23 Sup. Ct. 133, 47 L. Ed. 200.
*992There was substantial evidence tending to show insolvency. The act of bankruptcy finally relied upon is that respondent, as alleged, being insolvent applied for a receiver of its property. B. A. § 3a(4). The receivership in question was applied for and obtained in a suit brought…
2Cases cited9 opinions
- Pacific Railroad v. KetchumSupreme Court of the United States · 1880
- Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
- Elliott v. ToeppnerSupreme Court of the United States · 1902
- In re Wm. S. Butler & Co.Court of Appeals for the First Circuit · 1913
- Wheeler v. City and County of DenverSupreme Court of the United States · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1925
- In re Dayton Coal & Iron Co.District Court, E.D. Tennessee · 1922
- In re Richardson's EstateDistrict Court, N.D. Texas · 1923
- Missouri Valley Cattle Loan Co. v. AlexanderCourt of Appeals for the Eighth Circuit · 1921
- Graham Mfg. Co. v. Davy-Pocahontas Coal Co.Court of Appeals for the Fourth Circuit · 1916
3 more not listed; retrieve them via the Exa API.