In re Blair
District Court, S.D. New York
In Bankrupicy. On motion to compel creditor to repay to the trustee money collected on execution, and received by the creditor, through an attachment and judgment, within four months prior to the filing of the petition in bankruptcy.
1Opinion of the Court
BROWN, District Judge.
Although the collection by execution and payment to the creditor constituted a “preference” (Bankr. Act, § 00a), yet, as the money was received by the creditor before the petition in bankruptcy was filed, the transaction thereby became consummated, thus differing from In re Kenney, 3 Am. Bankr. R. 353, 97 Fed. 554. If the preference was received by the creditor, without reasonable .cause to believe a preference was intended (Bankr. Act, § 60b), it seems not to be recoverable back by the trustee. Here the petition does not charge that the creditors had reasonable cause to…
2Cases cited3 opinions
- In re KenneyDistrict Court, S.D. New York · 1899
- Hicks v. KnostDistrict Court, S.D. Ohio · 1899
- Strobel & Wilken Co. v. KnostDistrict Court, S.D. Ohio · 1900
3Cited by7 opinions
- Grant v. National Bank of AuburnDistrict Court, N.D. New York · 1916
- Golden Hill Distilling Co. v. LogueCourt of Appeals for the Sixth Circuit · 1917
- In re KnickerbockerDistrict Court, W.D. New York · 1903
- In re ResnekDistrict Court, E.D. Pennsylvania · 1909
- Greene v. Montana Brewing Co.Montana Supreme Court · 1903
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