Legal Opinion

In re Kullberg

District Court, D. Minnesota

Decided October 1, 1909Published

In the matter of John Kullberg, bankrupt. On review of decision of referee.

1Opinion of the Court

WILLARD, District Judge.

The hare fact that a preference resulted from this transaction does not make the mortgage void under the provisions of section (>7e of the bankrupt act (Act July 1, 1898, c. 541, 30 Stat. 564 [U. S. Comp. St. 1901, p. 3449]).

Judge Sanborn, speaking for the Circuit Court of Appeals, Eighth Circuit, in the case, of Coder v. Arts, 152 Fed. 913, 947, 82 C. C. A. 91, 95 (15 D. R. A. [N. S.j 312), said:

“A transfer made in good faith to pay or to secure an honest; antecedent; debt by an insolvent within four months of the filing of the petition in bankruptcy by or against him…

2Cases cited9 opinions

  1. Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
  2. In re EggertCourt of Appeals for the Seventh Circuit · 1900
  3. Hussey v. Richardson-Roberts Dry Goods Co.Court of Appeals for the Eighth Circuit · 1906
  4. In re PeaseDistrict Court, E.D. Michigan · 1902
  5. Stites v. DunnahooCourt of Appeals for the Seventh Circuit · 1902

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