Germania Savings Bank & Trust Co. v. Loeb
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee. In the matter of the Block Mercantile Company, bankrupt; Henry C. Doeb, trustee. The Germania Savings Bank & Trust Company appeals from an order requiring it to return a certain sum as a preference as a condition to proving its claim.
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Appeal from the District Court of the United States for the Western District of Tennessee. In the matter of the Block Mercantile Company, bankrupt; Henry C. Doeb, trustee. The Germania Savings Bank & Trust Company appeals from an order requiring it to return a certain sum as a preference as a condition to proving its claim. This is an appeal from an order of the District Court disallowing the claim of appellant against the bankrupt’s estate in default of the performance of certain conditions hereafter stated. The proof of claim alleged an indebtedness of the bankrupt to the bank of…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] The first question presented is whether the agreement of February Sth between the Mercantile Company and the bank created, as to the then existing deposit balance of $5,098.53, a preferential transfer within the meaning of the%bankruptcy act. Section 60a of the act provides that:
“A person shall be deemed to have given a preference, if, being insolvent, he has, within .four months before the filing of the petition * * * 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…
2Cases cited4 opinions
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Moch v. Market St. Nat. BankCourt of Appeals for the Third Circuit · 1901
- In re Philip Semmer Glass Co.Court of Appeals for the Second Circuit · 1905
3Cited by28 opinions
- Maynard v. ElliottSupreme Court of the United States · 1931
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2012
- Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
- Putnam v. United States Trust Co.Massachusetts Supreme Judicial Court · 1916
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