Grimes v. Clark
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the District of Maryland, at Baltimore, -jn Bankruptcy; John C. Rose, Judge. On demurrer of James Clark, as trustee in bankruptcy of Thomas Baker, to the plea of J. Hamilton Grimes to the trustee’s petition to recover the amount of a preference. Judgment sustaining demurrer (232 Fed. 190), and J. Hamilton Grimes- brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
Clark, trustee in bankruptcy of Baker, sued Grimes, plaintiff in error, for the amount of a preference alleged to have been obtained by the transfer of property from Baker when he was insolvent. The transfer in question took place on the 11th of September, 1914, and Baker was adjudicated an involuntary bankrupt on the 17th of that month. Grimes set up in answer that in November, 1911, he loaned Baker $1,300 for one year at 6 per cent, to purchase the stock o.f goods, fixtures, etc., in a store at Marriotts-ville, Md.; that the money was used for that purpose; and that the…
2Cases cited9 opinions
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