Thomas v. Field-Brundage Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Nebraska; (Thomas C. Manger, Judge. Petition by the Eield-Bruudage Company for an order on J. W. Thomas, trustee in bankruptcy of Allen P. Ely & Co., to compel the trustee to surrender to petitioner certain gasoline engines alleged to have been consigned to the bankrupts for sale on commission.
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Appeal from the District Court of the United States for the District of Nebraska; (Thomas C. Manger, Judge. Petition by the Eield-Bruudage Company for an order on J. W. Thomas, trustee in bankruptcy of Allen P. Ely & Co., to compel the trustee to surrender to petitioner certain gasoline engines alleged to have been consigned to the bankrupts for sale on commission. An order of a referee rejecting cue petition having been reversed by the District Court, the trustee, and others appeal.
1Opinion of the Court
SMITH, Circuit Judge.
Allen P. Ely & Co., a copartnership, were in business as retail dealers in machinery at Omaha from about 1901 until November, 1911. They had been buying gasoline engines for seven or eight years of the Field-Brundage Company of Jackson, Mich., and were indebted to them in January, 1911, to the amount of $7,000 or $8,000. At about that time Mr. Raynor Field, the secretary and treasurer of the Field-Brundage Company, was at Omaha, and told Mr. Allen P. Ely, of the firm of Allen P. Ely & Co., that their account must be reduced to $5,000, and that would be the limit…
2Cases cited9 opinions
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
- John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
- In re GaltCourt of Appeals for the Seventh Circuit · 1903
- Mack v. Drummond Tobacco Co.Nebraska Supreme Court · 1896
- In re WellsDistrict Court, M.D. Pennsylvania · 1905
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3Cited by3 opinions
- In Re TaylorDistrict Court, E.D. Michigan · 1931
- Cattle Owners Corp. v. ArkinDistrict Court, S.D. Iowa · 1966
- In re KruseDistrict Court, N.D. Iowa · 1916