GRAYBAR ELECTRIC COMPANY v. DOLEY

No. 7978.

273 F.2d 284 (1959)

GRAYBAR ELECTRIC COMPANY, Incorporated, Appellant, v. John DOLEY, Margaret S. Doley, C. Archer Smith (Stuart A. Smith), Margaret N. Smith and Bernard J. Carver, co-executors of the estate of Stuart A. Smith, deceased, Ralph T. Baker, C. K. Hutchens and Louis C. Purdey, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 23, 1959.


Attorney(s) appearing for the Case

Israel Steingold and Meredith A. House, Richmond, Va. (W. Griffith Purcell, Richmond, Va., and Samuel A. Steingold, Norfolk, Va., on brief), for appellant.

G. William White, Jr., Richmond, Va., for appellees John Doley, et al.

Richard W. Hudgins, Warwick, Va. and William McL. Ferguson, Newport News, Va. (Ferguson, Yates & Stephens, Newport News, Va., on brief), for appellees C. K. Hutchens and Ralph T. Baker.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and CHESNUT, District Judge.


CHESNUT, District Judge.

The principal question presented by the appeal in this case is whether a single creditor of a corporation which has gone through bankruptcy, has standing, after the discharge of the Trustee, to bring suit on a contract of stockholders to make loans of money to the corporation, in which the creditor was not named as beneficiary and when the creditor has participated in the bankruptcy proceedings by filing his claim therein and receiving a dividend...

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