Legal Opinion

Calhoun County Bank v. Cain

Court of Appeals for the Fourth Circuit

Decided April 9, 1907No. 675PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Northern District of West Virginia, at Clarksburg

1Opinion of the Court

McDOWEUU, District Judge.

It seems quite unnecessary to state in detail the facts of this case. It was a suit brought by a trustee in bankruptcy to set aside certain fraudulent conveyances of property by the bankrupt to certain defendants, and to recover from the Calhoun County Bank an alleged preferential payment. We do not pause to discuss the possibility that the transaction between the bankrupt and the bank was not a payment, but a mere exchange of notes. Assuming that it was a payment, yet it was in discharge of a valid obligation from the bankrupt to the bank, and we fail to find…

2Cited by6 opinions

  1. Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914
  2. In re GaylordDistrict Court, N.D. New York · 1915
  3. Doyle Dry Goods Co. v. LewisCourt of Appeals for the Eighth Circuit · 1925
  4. Soule v. First National BankIdaho Supreme Court · 1914
  5. Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914

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