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CARMICHAEL v. BARRETT

No. 5360.

28 F.2d 692 (1928)

CARMICHAEL et al. v. BARRETT.

Circuit Court of Appeals, Fifth Circuit.

October 20, 1928.

Attorney(s) appearing for the Case

Orville A. Park, of Macon, Ga., and Carl N. Davie, of Atlanta, Ga., for appellants.

B. F. Boykin and S. C. Boykin, both of Carrollton, Ga., and H. D. Russell, of Macon, Ga. (Boykin & Boykin, of Carrollton, Ga., and Brock, Sparks & Russell, of Macon, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case the record discloses the following state of facts: The Carmichael-Mallet Company was adjudicated bankrupt September 22, 1927, in involuntary proceedings instituted September 1, 1927. In January, 1920, its capital stock had been increased from $25,000 to $75,000. J. H. Carmichael was a stockholder and gave his note for $13,500 in payment of his increased subscription. The note was carried...

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