Agate

Union Oil Co. v. Agate

Good Law
268 F.2d 355
United States Court of Appeals for the Ninth CircuitJune 17, 1959No. 16119California877 words

Opinion

Lead Opinion

Orr, J.

Five persons- named Simmons were partners doing business as Alpine Lodge.

In May 1954, the partnership made four transfers as -follows:

1. To D. W. Clark, May 3, 1954, an account receivable from C. E. Grooms, worth $229.91.

2. To D. W. Clark, May 3, 1954, an account receivable from Oregon Film Service, worth $422.24.

3. To D. W. Clark, May 20, 1954, the sum of $228.85.

4. To Union Oil Company of California, May 20, 1954, the sum of $2271.15.

On August 9, 1954, A. C. Simmons and C. M. Simmons, two of the partners, filed voluntary petitions requesting that they be adjudicated bankrupts and were . so adjudicated on said date.

• On August 10, 1954, the remaining • partners filed similar voluntary petitions and were bn the same day adjudicated bankrupts.. These adjudications brought ’ in all of the individual partners of the Alpine Lodge partnership.

. '- On March 25, 1955, appellee filed a request that' Alpine Lodge, the partnership, be adjudicated a bankrupt pursuant to section 5, sub. i of the Bankruptcy Act, 52 Stat. 485 (1938), 11 U.S.C.A. § 23 , ■ sub. i, and as a result the partnership was adjudged bankrupt and on April 12, 1955 filed schedules of its estate in…

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