Legal Opinion

People's Bank of McKeesport v. Fell

Court of Appeals for the Third Circuit

Decided April 18, 1914No. 1819PublishedCited by 8 opinions

In Error to the District Court of the United States for the Western District of Pennsylvania; James S. Young, Judge. In the matter of bankruptcy proceedings of the National Lumber Company. Action by W. B. Fell, as the bankrupt’s trustee, against the People’s Bank of McKeesport. Judgment for plaintiff, and defendant bank' brings error.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

On September 13, 1912, an involuntary petition was filed against the National Lumber Company, and in, due course this was followed by an adjudication. This suit was brought by the trustee to recover a preferential payment of $3,000 made to the People’s Bank of McKeesport a few days before the bankruptcy. The facts were scarcely in dispute, but at all events the verdict has settled that they were as follows:

For several years the company had been a depositor in the bank, carrying an average balance of a few hundred dollars. On July 22, 1912, *929a three months’ note…

2Cases cited3 opinions

  1. New York County National Bank v. MasseySupreme Court of the United States · 1904
  2. Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
  3. Traders' Bank v. CampbellSupreme Court of the United States · 1872

3Cited by8 opinions

  1. Putnam v. United States Trust Co.Massachusetts Supreme Judicial Court · 1916
  2. Fourth Nat. Bank of Wichita v. SmithCourt of Appeals for the Eighth Circuit · 1916
  3. Prudential Ins. Co. of America v. NelsonCourt of Appeals for the Sixth Circuit · 1938
  4. Heyman v. Third Nat. Bank of Jersey CityDistrict Court, D. New Jersey · 1914
  5. First Nat. Bank of El Centro v. HarperCourt of Appeals for the Ninth Circuit · 1918

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