McCALLUM v. STEM

No. 4882.

23 F.2d 491 (1928)

McCALLUM v. STEM.

Circuit Court of Appeals, Sixth Circuit.

January 6, 1928.


Attorney(s) appearing for the Case

Charles A. Noone, of Chattanooga, Tenn., for appellant.

Hamby & Ziegler, of Chattanooga, Tenn., for appellee.

Before DENISON, MACK, and MOORMAN, Circuit Judges.


MOORMAN, Circuit Judge.

Without complying with the Bulk Sales Laws of Tennessee (Shannon's Code, § 3193a1), appellee sold his half interest in a drug business to his partner, Allison, who executed to appellee a note for the purchase price, secured by a mortgage on the stock of goods. Allison was later adjudged a bankrupt, and appellee filed proof of his claim as a preferred claim against the estate. The trustee objected to the claim on the ground that it grew...

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