Legal Opinion

Lang v. First Nat. Bank in Houston

Court of Appeals for the First Circuit

Decided August 25, 1954No. 14665_1PublishedCited by 20 opinions

1Opinion of the Court

DAWKINS, District Judge.

The trustee in bankruptcy of Thomas Bryan & Associates, Inc., appeals from a judgment rejecting his demand for the recovery of funds paid by the bankrupt to the appellee, alleged to have been an illegal preference under Section 60, sub. b of the Bankruptcy Act. 1 The sole question is whether or not appellee had reasonable cause to believe that the debtor was insolvent at the time of the payment.

The bankrupt was a New York corporation doing a large and extensive contracting business and its operations included jobs in several states. During 1950 it had regularly…

2Cases cited14 opinions

  1. Grant v. National BankSupreme Court of the United States · 1878
  2. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  3. Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
  4. Equitable Life Assur. Soc. v. IrelanCourt of Appeals for the Ninth Circuit · 1941
  5. Pender v. Chatham Phenix Nat. Bank & Trust Co.Court of Appeals for the Second Circuit · 1932

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Robert K. Mayo, as Trustees in Bankruptcy of Twin City Construction Company, Inc., Bankrupt v. Pioneer Bank & Trust CompanyCourt of Appeals for the Fifth Circuit · 1962
  2. Engelkes v. Farmers Co-Operative CompanyDistrict Court, N.D. Iowa · 1961
  3. Leonard Mizell v. H. A. Phillips, as Trustee of the Estate of J. Sam Muckleroy, BankruptCourt of Appeals for the Fifth Circuit · 1957
  4. State of Maryland for the Use of Nadine Y. Levin v. United States of America, State of Maryland for the Use of Sydney L. Johns v. United StatesCourt of Appeals for the Third Circuit · 1964
  5. George Clower, Trustee in Bankruptcy of the Estate of Sinton Plumbing & Supply Company, Inc. v. First State Bank of San Diego, TexasCourt of Appeals for the First Circuit · 1965

15 more not listed; retrieve them via the Exa API.

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