Capital National Bank v. Wilkerson
Indiana Court of Appeals
Erom Superior Court of Marion County (64,217) ; John L. McMasier, Judge. Action by Alfred O. Wilkerson, as trustee in bankruptcy of tbe estate of James M. Key, against tbe Capital Rational Bank. Erom a judgment for plaintiff, defendant appeals.
1Dissent
*485Dissenting Opinion.
Eoby, J.
It was held by this court in Goldberg v. Harlan (1904), 33 Ind. App. 465, that no demand was necessary before action by a trustee in bankruptcy to recover an unlawful preference. That decision is controlling here. In determining the quality of appellant’s action, both the jury and this court are limited to a consideration of the facts known by it or with knowledge of which it was chargeable at the time of the transaction. These facts were that Key had overdrawn his account with appellant $5,725.78, and had deposited collateral notes to the amount of $7,800 to secure…
2Cases cited1 opinion
- Goldberg v. HarlanIndiana Court of Appeals · 1903