In re Woulfe & Co.

• Decision Date: 18 December 1916
• Docket Number: 2925.
• Citation: 239 F. 128
• Parties: In re WOULFE & CO. v. GOODWIN et al. WILLIAM CAMERON & CO., Inc.,
• Court: U.S. Court of Appeals — Fifth Circuit

239 F. 128

In re WOULFE & CO.

WILLIAM CAMERON & CO., Inc., v. GOODWIN et al.

No. 2925.

United States Court of Appeals, Fifth Circuit.

December 18, 1916

On Petition for Rehearing, January 19, 1917.

W. M Sleeper and Chas. A. Boynton, both of Waco, Tex., for petitioners.

Albert Boggess, of Waco, Tex., opposed.

The following is the order of Maxey, District Judge:

Whereas on July 9, 1915, before T. F. Bryan, referee in bankruptcy for the Waco division of said court, there was a hearing to establish the allowance of claims entitled to priority of payment out of said estate. And whereas, at said hearing it was ordered by the said referee that the claims entitled to priority be allowed and ordered paid by the trustee in the following order to the extent of the funds now in the said trustee's hands, to wit: (1) All taxes due; (2) cost of preserving estate subsequent to the filing of petition; (3) all costs of administration; (4) wages due clerks for three months immediately prior to the filing of petition; (5) to the landlord for all rents accrued prior to filing of petition and all rents to accrue up to the 1st of November 1915, the end of the current rental year at a rental of $350 per month; and (6) to the secured creditor proceeds of the furniture and fixtures of bankrupt. And whereas, on the 15th day of July, 1915, William Cameron & Company, Incorporated, being the landlord creditor in said proceedings, being dissatisfied with the said order of the referee, filed a petition for review, which petition was granted and filed in this court together with said referee's certificate of review on the 16th day of August, 1915. And whereas, on the 16th day of November, A.D. 1915, in the United States District Court for the Western District of Texas, came on to be heard the said petition filed by Wm. Cameron & Co., Incorporated, attorneys appearing respectively in behalf of said wage-earners and in behalf of the said landlord; and the court after hearing the argument of counsel, being of the opinion that the said order of the referee made on July 9, 1915, should be in all things affirmed.

It is therefore ordered by this court that said order of referee entered on July 9, 1915, be and the same is hereby in all things affirmed, and that the order of the payment of said claims entitled to priority stand and be paid by the trustee as follows: (1) All taxes due; (2) costs of preserving estate subsequent to the...