Ragan, Malone & Co. v. Cotton & Preston
Court of Appeals for the Fifth Circuit
Appeal from the District Court of. the United States for the Southern District of Georgia; Emory Speer, Judge. Iii the matter of bankruptcy proceedings of Cotton & Preston, E. S. Cotton, and E. F. Preston, bankrupts. From a final decree granting a discharge to the bankrupts as a firm and individually, Ragan, Malone & Co., objectors, appeal. The appellees, bankrupts, filed a petition for discharge.
Read the full summary
Appeal from the District Court of. the United States for the Southern District of Georgia; Emory Speer, Judge. Iii the matter of bankruptcy proceedings of Cotton & Preston, E. S. Cotton, and E. F. Preston, bankrupts. From a final decree granting a discharge to the bankrupts as a firm and individually, Ragan, Malone & Co., objectors, appeal. The appellees, bankrupts, filed a petition for discharge. On notice thereof being given, the appellants filed sworn opposition and objections to the discharge as follows: (1) Recause said bankrupts obtained property on credit from them upon a maierially…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The evidence taken before the referee shows without substantial dispute or doubt that Preston, for the firm of Cotton & Preston, made the statement in writing as alleged in the opposition of Ragan, Malone & Co.; that it was made for the purpose of obtaining credit and continuing credit for the firm of Cotton & Preston; that credit was obtained thereon at various dates up to March 6, 1908; that the said statement was false as a whole, and materially false in respect to the amount of capital of the firm at the commencement of business and as to liabilities…
2Cases cited1 opinion
- Hardie v. Swafford Bros. Dry Goods Co.Court of Appeals for the Fifth Circuit · 1908
3Cited by11 opinions
- Gerdes v. LustgartenSupreme Court of the United States · 1924
- Citizens State Bank of Maryville v. Walker (In Re Walker)United States Bankruptcy Court, W.D. Missouri · 1985
- International Shoe Co. v. KahnCourt of Appeals for the Fourth Circuit · 1927
- In Re Bernstein. Bernstein v. Associates Discount CorpCourt of Appeals for the Seventh Circuit · 1952
- In Re Simon Weltman & Co.District Court, S.D. New York · 1924
6 more not listed; retrieve them via the Exa API.