L. A. Becker Co. v. Gill
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba.S. Van Valkenburg, Judge. In the matter of bankruptcy proceedings of the Osborn Confectionery Company. From an order denying a petition of the L. A. Becker Company for the proceeds of a soda fountain and appurtenances in the hands of Charles S. Gill, trustee in bankruptcy, and postponing petitioner’s claim to the claims of subsequent creditors, petitioner appeals.
1Dissent
SMITH, Circuit Judge (dissenting).
I concur in the foregoing opinion so far as it affirms the judgment of the District Court, but respectfully dissent from the modification made of its order.
The District Court held that the proceeds of the soda fountain should be distributed to the creditors who became such between the time of the conditional sale and the filing of the chattel mortgage but allowed the claim of L,. A. Becker Company as a general creditor against the estate of the bankrupt. In its decree the District Court contented itself with deciding that the funds be distributed in…
2Cases cited6 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Landis v. McDonaldMissouri Court of Appeals · 1901
- In re BotheCourt of Appeals for the Eighth Circuit · 1909
- In re WadeDistrict Court, W.D. Missouri · 1911
- Simmons v. GreerCourt of Appeals for the Fourth Circuit · 1909
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