Doehler Die Casting Co. v. Gearhart Knitting Machine Co.

Third Circuit

Doehler Die Casting Co. v. Gearhart Knitting Machine Co.

8 F.2d 1019, 1925 U.S. App. LEXIS 3449

CourtCourt of Appeals for the Third Circuit

DecidedDecember 14, 1925

DocketNo. 3415

StatusPublished

This text of 8 F.2d 1019 (Doehler Die Casting Co. v. Gearhart Knitting Machine Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doehler Die Casting Co. v. Gearhart Knitting Machine Co., 8 F.2d 1019, 1925 U.S. App. LEXIS 3449 (3d Cir. 1925).

Pincite

Opinion

PER CURIAM.

The exigencies of this receivership call for such a speedy decision of this ease that an extended discussion of its issues is impossible. Wo shall only say that in our opinion the money to> be raised on receivers’ certificates and to be applied in part to the discharge of tho corporation’s past-due indebtedness to service instructors and to many thousand widely scattered “knitters,” whereby the recovery of many thousand dollars worth of the corporation’s yarn and tho enhancement of the value of certain of its assets are made possible, will not, in tho peculiar character of the business, amount in law to preferential payment of the claims of unsecured creditors, but rather that such payment is a necessarily precedent factor in the conservation of the corporation’s property.

Tho decree of the District Court is affirmed.

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PER CURIAM.

The exigencies of this receivership call for such a speedy decision of this ease that an extended discussion of its issues is impossible. Wo shall only say that in our opinion the money to> be raised on receivers’ certificates and to be applied in part to the discharge of tho corporation’s past-due indebtedness to service instructors and to many thousand widely scattered “knitters,” whereby the recovery of many thousand dollars worth of the corporation’s yarn and tho enhancement of the value of certain of its assets are made possible, will not, in tho peculiar character of the business, amount in law to preferential payment of the claims of unsecured creditors, but rather that such payment is a necessarily precedent factor in the conservation of the corporation’s property.

Tho decree of the District Court is affirmed.

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Bluebook (online)

8 F.2d 1019, 1925 U.S. App. LEXIS 3449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doehler-die-casting-co-v-gearhart-knitting-machine-co-ca3-1925.