Brookmire v. Bean
U.S. Circuit Court for the District of Eastern Missouri
[Appeal from the district court of the United States for the eastern district of Missouri.] In bankruptcy. The firm of Brookmire & Rankin sought in the district court to establish a claim for $1,436.02 and interest, against the estate of Charles S. Kintzing, bankrupt, for merchandise sold and delivered, and alleging that the note given by Kintzing & Co. for the debt “was cancelled on the theory of its payment, which was an error.”
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[Appeal from the district court of the United States for the eastern district of Missouri.] In bankruptcy. The firm of Brookmire & Rankin sought in the district court to establish a claim for $1,436.02 and interest, against the estate of Charles S. Kintzing, bankrupt, for merchandise sold and delivered, and alleging that the note given by Kintzing & Co. for the debt “was cancelled on the theory of its payment, which was an error.” The assignee in bankruptcy resisted the claim. The parties stipulated below, “that the question for determination by the district court was whether, upon the facts…
1Opinion of the Court
DILLON, Circuit Judge.
The controversy between the parties has already, in different forms, been several times before this court. Bean v. Brookmire [Cases Nos. 1,168-1,170]. In the case first cited, the assignee sued to recover back the $1,436.02 which had been paid by the bankrupt to Brookmire & Rankin, and this recovery was sought on the ground that the payment was illegal preference under section 35 of the bankrupt act, but as it was paid more than four months before the bankruptcy, it was held that the action was not maintainable. After that decision was made, the assignee brought a bill…
2Cases cited9 opinions
- Russell & Hall v. RogersNew York Supreme Court · 1833
- Doughty v. SavageSupreme Court of Connecticut · 1859
- Wiggin v. BushNew York Supreme Court · 1815
- Russell v. RogersNew York Supreme Court · 1836
- Tuxbury v. MillerNew York Supreme Court · 1822
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