Mantz v. Capital City State Bank
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — J. E. Mershon, Judge. Suit by tbe plaintiff, as trustee in bankruptcy of tbe King Manufacturing Company, to recover from tbe defendant bank the sum of $800, paid to such bank within four months prior to tbe adjudication of bankruptcy.
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Appeal from Des Moines Municipal Court. — J. E. Mershon, Judge. Suit by tbe plaintiff, as trustee in bankruptcy of tbe King Manufacturing Company, to recover from tbe defendant bank the sum of $800, paid to such bank within four months prior to tbe adjudication of bankruptcy. It is alleged that, when the defendant bank received such payment of $800, it bad good cause to believe its debtor to be bankrupt, and that tbe payment of such sum by tbe debtor constituted a preference, within tbe meaning of tbe Federal Bankruptcy Act. Tbe defense was a general denial. There was a trial to tbe court,…
1Opinion of the CourtEvans, C. J.
Tbe King Manufacturing Company was adjudged a bankrupt on December 6, 1916. Twenty days prior to such date, it bad made payment to tbe defendant bank, as one of its creditors, of the sum of $800. Tbe crucial question in tbe case is one of fact. It is whether tbe bank bad good cause to believe, at tbe time it received such payment, that such company was insolvent.
In view of our agreement with tbe conclusion of tbe trial *573court on the question of fact, there is little occasion that we enter into a discussion of the details of tbe evidence. We think the evidence fails to prove that the defendant…
2Cases cited2 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
3Cited by3 opinions
- Dwight v. HornSupreme Court of Iowa · 1932
- Soper v. International Harvester Co. of AmericaSupreme Court of Iowa · 1922
- Stark v. WhiteSupreme Court of Iowa · 1932