Legal Opinion
In re Fairburn Oil & Fertilizer Co.
District Court, N.D. Georgia
Decided March 27, 1917No. 5366PublishedCited by 3 opinions
In Bankruptcy. In the matter of the bankruptcy of the Fairburn Oil & Fertilizer Company. On intervention by the Fairburn Banking Company. Report of referee striking the claim of the intervener from the files, but allowing it to retain a preferential payment, on payment of the difference between the dividends it would have received and the payment, confirmed.
1Opinion of the Court
NEWMAN, District Judge.
The report ■ of the referee on this
branch of the Fairburn Oil & Fertilizer Company litigation is as follows :
“In the above-stated matter the Fairburn Banking Company filed three certain proofs of claim against said Oil & Fertilizer Company, amounting in the aggregate to $18,935.09. The trustee filed objections to said proofs, and prays an order disallowing the same on the ground that within four months of the 20th of June, 1916, when the involuntary petition to have said Oil & Fertilizer Company adjudged bankrupt was filed, the said Banking Company had been paid by said…
2Cases cited2 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- American Bank & Trust Co. v. CoppardCourt of Appeals for the Fifth Circuit · 1915
3Cited by3 opinions
- Merrimack Nat. Bank v. BaileyCourt of Appeals for the First Circuit · 1923
- Bailey v. Merrimack Nat. BankDistrict Court, D. Massachusetts · 1922
- Bank of California v. BrainardCourt of Appeals for the Ninth Circuit · 1925