Legal Opinion

Pepperdine v. National Exchange Bank

Missouri Court of Appeals

Decided April 24, 1900PublishedCited by 3 opinions

Appeal from the Greene Circuit Court.—Hon. James Tilford Neville, Judge. (1) Section 60 of the bankrupt act provides: “A person shall be deemed to have given a preference if, being insolvent, he has made a transfer of any of his property, and the effect of the enforcement of such transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.”

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Appeal from the Greene Circuit Court.—Hon. James Tilford Neville, Judge. (1) Section 60 of the bankrupt act provides: “A person shall be deemed to have given a preference if, being insolvent, he has made a transfer of any of his property, and the effect of the enforcement of such transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.” (2) “If a bankrupt shall have given a preference within four months before the filing of a petition, and the person receiving it, or to be benefited thereby, or his agent…

1Opinion of the CourtBland, P. J.

The petition states that defendant is a corporation; that on November 17, 1898, a petition in bankruptcy was filed against Henry Cohn by certain of his creditors and on December 30, 1898, he was by the United States District Court of the "Western District of Missouri, adjudged a bankrupt. That the plaintiff was duly chosen and appointed trustee of his estate, qualified as such, and is so acting.

That said Cohn long prior to July 20, 1898, and then was engaged in business as a merchant at Springfield, Mo., and was on said date and theretofore largely indebted and his property was not at a fair…

2Cases cited2 opinions

  1. Toof v. MartinSupreme Court of the United States · 1871
  2. Dutcher v. WrightSupreme Court of the United States · 1877

3Cited by3 opinions

  1. John S. Brittain Dry-goods Co. v. BertenshawSupreme Court of Kansas · 1904
  2. Rosenfeld v. SiegfriedMissouri Court of Appeals · 1901
  3. Lampkin v. Peoples' National BankMissouri Court of Appeals · 1902

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