In re Starks-Ullman Saddlery Co., 1,914.
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Citation | 171 F. 834 |
| Docket Number | 1,914. |
| Parties | In re STARKS-ULLMAN SADDLERY CO. |
| Decision Date | 19 July 1909 |
171 F. 834
In re STARKS-ULLMAN SADDLERY CO.
No. 1,914.
United States Court of Appeals, Sixth Circuit.
July 19, 1909
W. V. Eaton, for petitioners.
W. F. Bradshaw, for respondents.
Before LURTON, SEVERENS, and WARRINGTON, Circuit Judges.
LURTON, Circuit Judge.
The petitioners are creditors of the bankrupt, a corporation, engaged in business at Paducah, Ky. The creditors filed claims, which they asserted were liens upon the property of the bankrupt, which have been disallowed. The claim of lien is based upon section 2487, Ky. St. (Russell's St. Sec. 2399), which reads as follows:
'2487 (Lien of Employes and Materialmen on Property Assigned for Benefit of Creditors.) When the property or effects of any (mine) railroad, turnpike, canal or other public improvement company, or of any owner or operator of any rolling mill, foundry or other manufacturing establishment whether incorporated or not, shall be assigned for the benefit of creditors, shall come into the hands of any executor, administrator, commissioner, receiver of a court trustee or assignee for the benefit of creditors, or shall in any wise come to be distributed among creditors, whether by operation of law or by the act of such company, owner or operator, the employes of such company, owner or operator, in such business, and the persons who shall have furnished materials or supplies for the carrying on of such business, shall have a lien upon so much of such property and effects as may have been involved in such business, and all accessories connected therewith, including the interest of such company, owner or operator in the real estate used in carrying on such business.'
The bankrupt, while engaged in the business of manufacturing harness, bridles, and other horse leather goods, was also doing business as a jobber in the same line of goods; that is, bought harness, saddles, and other horse leather goods, in a manufactured condition, and sold such goods in the condition they were bought. The claim of the petitioning creditors is exclusively for such manufactured articles, and the petitions aver that the goods so sold to the bankrupt by them were used [171 F. 835.] in the jobbing branch of the business.
Judge Evans was of opinion that the petitioners had not furnished 'materials and supplies,' within the plain and obvious meaning of the Kentucky Statute, and were therefore not entitled to have their claims allowed as liens. To this...
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Central Trust Co. of Illinois v. George Lueders & Co., 2539.
...court in the case of a manufacturer of barrels in favor of the seller of heading and staves; and in Re Starks-Ullman Saddlery Co. (1909) 171 F. 834, 96 C.C.A. 506, the statute was held by this court to apply to the manufacture of harnesses, bridles, and other horse leather goods. True, in t......
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In re I. Rheinstrom & Sons Co.
...In re Falls City Shirt Manufacturing Company (D.C.) 98 F. 592; In re Bennett, 153 F. 673, 82 C.C.A. 531; In re Starks-Ullman Saddlery Co., 171 F. 834, 96 C.C.A. 506. In no one of these cases was the manufacturing establishment in question an iron manufactory. In Winter v. Howell it was an e......
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In re Floyd & Bohr Co.
...of the bankrupt which had been involved in its manufacturing business, as provided in section 2487. In Re Starks-Ullman Saddlery Co., 171 F. 834, 96 C.C.A. 506, it was settled that no lien exists upon the property of the bankrupt involved in the mere mercantile part of its business. In the ......
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In re Loving, 1,985.
...17, 1912 Petition for review to Western District of Kentucky. J.D. Mocquot, for petitioner. Bradshaw & Bradshaw, for respondent. See, also, 171 F. 834. PER CURIAM. Dismissed for want of jurisdiction. ...
-
Central Trust Co. of Illinois v. George Lueders & Co., 2539.
...court in the case of a manufacturer of barrels in favor of the seller of heading and staves; and in Re Starks-Ullman Saddlery Co. (1909) 171 F. 834, 96 C.C.A. 506, the statute was held by this court to apply to the manufacture of harnesses, bridles, and other horse leather goods. True, in t......
-
In re I. Rheinstrom & Sons Co.
...In re Falls City Shirt Manufacturing Company (D.C.) 98 F. 592; In re Bennett, 153 F. 673, 82 C.C.A. 531; In re Starks-Ullman Saddlery Co., 171 F. 834, 96 C.C.A. 506. In no one of these cases was the manufacturing establishment in question an iron manufactory. In Winter v. Howell it was an e......
-
In re Floyd & Bohr Co.
...of the bankrupt which had been involved in its manufacturing business, as provided in section 2487. In Re Starks-Ullman Saddlery Co., 171 F. 834, 96 C.C.A. 506, it was settled that no lien exists upon the property of the bankrupt involved in the mere mercantile part of its business. In the ......
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In re Loving, 1,985.
...17, 1912 Petition for review to Western District of Kentucky. J.D. Mocquot, for petitioner. Bradshaw & Bradshaw, for respondent. See, also, 171 F. 834. PER CURIAM. Dismissed for want of jurisdiction. ...