IN RE ROTARY TIRE & RUBBER CO.

No. 4035.

2 F.2d 364 (1924)

In re ROTARY TIRE & RUBBER CO. RABYOR et al. v. FRANKLIN MORTG. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

November 3, 1924.


Attorney(s) appearing for the Case

Alfred N. Wilcox, of Columbus, Ohio (Knepper & Wilcox and P. E. Dempsey, all of Columbus, Ohio, on the brief), for petitioners.

J. D. Withgott, of Chillicothe, Ohio, for respondents.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.


DENISON, Circuit Judge.

After the bankrupt's property had been sold by the referee, free from liens, and purchased by the mortgagee for less than the amount of its mortgage, and the fund was (practically) in court, the brokers, who had provided insurance during the bankruptcy, sought to have their claim for unpaid premiums adjudged to be prior to the mortgage. This claim of priority was allowed to the extent of these premiums which had accrued for insurance to an...

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