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IN RE DANVILLE HOTEL CO.

Nos. 4216, 4217, 4241, 4245, 4246.

38 F.2d 10 (1930)

In re DANVILLE HOTEL CO., Inc. CALDWELL & CO. v. CHERRY, and four other cases.

Circuit Court of Appeals, Seventh Circuit.

February 11, 1930.

Attorney(s) appearing for the Case

W. E. Norvell, Jr., of Nashville, Tenn., for appellants Liberty Central Trust Co., Miller, Caldwell, Heitzeberg, Carter, Caldwell & Co. and others.

V. W. McIntire, of Danville, Ill., for appellants Liberty Central Trust Co. and Miller.

Ross D. Netherton, of Chicago, Ill., for appellant Arthur A. Marer Co.

Wm. M. Acton, of Danville, Ill., for appellees Yeager, E. M. Weymer Co., and Carson-Payson Co.

Walter T. Gunn, of Danville, Ill., for appellee Cherry.

Before EVANS, PAGE, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge (after stating the facts as above).

The primary question in cause No. 4216 is whether or not the trustee in bankruptcy can recover from Caldwell & Co. for money unexpended or misapplied, which was derived from the sale of the hotel company's bonds under the contract between appellant and the hotel company. In deciding this question it is well to remember that, if the trustee in bankruptcy recovers in this action, he must do so on the strength...

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