Legal Opinion

In re Stege

Court of Appeals for the Second Circuit

Decided March 4, 1902No. 142PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Souths ern District of New York. This cause comes here upon appeal from an order of the district court, Southern district of New York, which affirmed an order of the referee allowing the claim of the New York County National Bank.

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Appeal from the District Court of the United States for the Souths ern District of New York. This cause comes here upon appeal from an order of the district court, Southern district of New York, which affirmed an order of the referee allowing the claim of the New York County National Bank. The contention of the trustee is that the bank has received a preference, and therefore should not be allowed to prove its claim for the balance unless it first surrender the alleged preference.

1Per curiam

The firm of Stege Bros, filed a petition in bankruptcy, and were adj'udicated bankrupts on January 27, 1900, at which time the New York County National Bank held their four notes for $10,000 each, due two of them on January 26th, and two on February 8th. Within four days of the bankruptcy the firm made deposits in their account with the bank aggregating $6,225.25, of which $6,-209.25 remained on the day of the adjudication. The bank claimed $40,000, less this amount on deposit and a small rebate of interest on the unmatured notes. The bankrupt act (section 57g) provides that “the claims of…

2Cases cited1 opinion

  1. Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901

3Cited by2 opinions

  1. Tomlinson v. Bank of LexingtonCourt of Appeals for the Fourth Circuit · 1906
  2. Galbraith v. WhitakerSupreme Court of Minnesota · 1912

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