Hawkins v. Dannenberg Co.
District Court, S.D. Georgia
In Equity. Bill by Robert T. Hawkins, trustee of the Warlick Bros. Company, bankrupt, against the Dannenberg Company and others. On motion to dismiss. Complainant, Robert T. Hawkins, as trustee of the Warlick Bros. Company, bankrupt, brought a bill in equity in the United States District Court against the Dannenberg Company and C. W. Duller, sheriff, in which he alleged that the said Warlick Bros.
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In Equity. Bill by Robert T. Hawkins, trustee of the Warlick Bros. Company, bankrupt, against the Dannenberg Company and others. On motion to dismiss. Complainant, Robert T. Hawkins, as trustee of the Warlick Bros. Company, bankrupt, brought a bill in equity in the United States District Court against the Dannenberg Company and C. W. Duller, sheriff, in which he alleged that the said Warlick Bros. Company was adjudicated bankrupt on August 1, 1914; that said company had been engaged in the general merchandise business in Amerieus, Ga.s and in January, 1914, executed to the Dannenberg Company…
1Opinion of the Court
EAMBDIN, District Judge,
(after stating the facts as above). This case is now before me upon motion made by the defendant the Dan-nenberg Company to dismiss complainant’s bill upon the grounds' above stated. .
[1, 2] 1. Complainant by his bill seeks to set aside the mortgage held by the Dannenberg Company as being preferential, and as also being fraudulent, and his' bill is therefore apparently brought under sections 60b and 67e of the national Bankruptcy Act. Under these sections, and under section 23b of the Bankruptcy Act, this court has jurisdiction to entertain the bill. It is contended by…
2Cases cited16 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Carey v. DonohueSupreme Court of the United States · 1916
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Board of Education v. DaySupreme Court of Georgia · 1907
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
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3Cited by2 opinions
- DeLaval Separator Co. v. JonesSupreme Judicial Court of Maine · 1918
- In re SparksDistrict Court, E.D. Tennessee · 1924