WILLCOX, TRUSTEE IN BANKRUPTCY,
v.
GOESS, RECEIVER

U.S. | 1938-02-28
Nos. 733, 734, and 735
303 U.S. 647 Supreme Court of the United States (1938) Positive Treatment
Cited by 5 cases

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  • Glen Oaks Utils., Inc. v. City OF Houston, 280 F.2d 330 (5th Cir. 1960)
    …urt. Kline v. Burke Const. Co., 260 U.S. 226, 43 S.Ct. [*334] 79, 67 L.Ed. 226, 24 A.L.R. 1077; Er-mentrout v. Commonwealth Oil Co., 5 Cir., 1955, 220 F. 2d 527; Byrd-Frost, Inc. v. Elder, 5 Cir., 1937, 93 F. 2d 30, 115 A.L.R. 342, certiorari denied 303 U.S. 647, 58 S.Ct. 646, 82 L.Ed. 1108. Involved in this case are questions as to administrative rate making procedures under the laws of Texas and ordinances of the City of Houston, and the effect of administrative action as denying the Companies due proces…
  • …y to pay and discharge obligations in the ordinary course of business. The definition in the Debtor and Creditor Law, § 271, does not apply. Wilcox v. Goess, D.C.S.D.N.Y.1936, 16 F.Supp. 350, 363, affirmed 2 Cir., 1937, 92 F. 2d 8, certiorari denied 303 U.S. 647, 58 S.Ct. 646, 82 L.Ed. 1108. The district court held that such insolvency or imminent insolvency had not been proved. We do not, however, rest on that ground. Since the assignment in fact and in contemplation of law took place on September 5, in re…
  • …ur cases held in abeyance in this court pending application to the Supreme Court for writ of certiorari in the Corbett case, decision of which was to control the other three cases. The petition for writ of certiorari was denied by the Supreme Court, 303 U.S. 647, 58 S.Ct. 646, 82 L.Ed. ___, whereupon all four appellants filed their motions before this court to reinstate the proceedings in compliance with clause 5 of section 75(s), 11 U.S.C.A. § 203(s) (5), and reverse the judgments appealed from. Appellee f…

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