Union Oil Company of California v. Agate

268 F.2d 355 UNION OIL COMPANY OF CALIFORNIA, a corporation and D. W. Clark, Appellants, v. Murray D. AGATE, Trustee in Bankruptcy of the Estates of Alton C. Simmons, Cecelia Mae Simmons, Alvin L. Simmons, Oda Jane Simmons and Lawrence W. Simmons, Individually and as co-partners dba Alpine Lodge, bankrupts, Appellee. No. 16119. United States Court of Appeals Ninth Circuit. June 17, 1959. Williams & Alley, David R. Williams, Wayne E. Alley, Portland, Or., for appellant. Koerner, Young, McColloch & Dezendorf, Herbert H. Anderson, Portland, Or., for appellee. Before ORR, FEE, and HAMLEY, Circuit Judges. ORR, Circuit Judge. 1 Five persons named Simmons were partners doing business as Alpine Lodge. 2 In May 1954, the partnership made four transfers as follows: 3 1. To D. W. Clark, May 3, 1954, an account receivable from C. E. Grooms, worth $229.91. 4 2. To D. W. Clark, May 3, 1954, an account receivable from Oregon Film Service, worth $422.24. 5 3. To D. W. Clark, May 20, 1954, the sum of $228.85. 6 4. To Union Oil Company of California, May 20, 1954, the sum of $2271.15. 7 On August 9, 1954, A. C. Simmons and C. M. Simmons, two of the partners, filed voluntary petitions…