WYNNE v. McCARTHY

Nos. 1638, 1639.

97 F.2d 964 (1938)

WYNNE et al. v. McCARTHY et al. McCARTHY et al. v. WYNNE et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 15, 1938.


Attorney(s) appearing for the Case

Paul G. Darrough, of Oklahoma City, Okl., and Rayburn L. Foster, of Bartlesville, Okl., for H. C. Wynne and American Exchange Bank of Henryetta, Okl.

Stephen Chandler, Richard W. Fowler, John W. Swinford, and Tomerlin, Chandler, Shelton & Fowler, all of Oklahoma City, Okl., for J. T. McCarthy, Jr., and G. L. Meholin.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


PHILLIPS, Circuit Judge.

In July, 1924, H. C. Wynne was appointed liquidating agent of the Colonial Supply Company, hereinafter referred to as Colonial, a corporation engaged in the business of selling oil well supplies. It operated stores at Henryetta and Wewoka, Oklahoma. An inventory was made of the stock of oil well supplies in the stores as of August 4, 1924. Thereafter, Wynne made sales from the stock in the regular course of trade.

In December, 1924...

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