Legal Opinion

Wright v. William Skinner Mfg. Co.

Court of Appeals for the Second Circuit

Decided May 20, 1908No. Nos. 262, 263PublishedCited by 8 opinions

Appeal from the District Court of the United States for the Southern District of New York. The defendants appeal from judgments entered against them in the District Court for the Southern District of New York on the 14th of August, 1907, for $570,46 in the first of the above entitled actions and for $3,685.22 in the second.

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Appeal from the District Court of the United States for the Southern District of New York. The defendants appeal from judgments entered against them in the District Court for the Southern District of New York on the 14th of August, 1907, for $570,46 in the first of the above entitled actions and for $3,685.22 in the second. The actions were brought to set aside, as preferential and void, payments made to the defendants by W. C. Loftns & Co., a corporation, on the day preceding the-filing of the i>etition in bankruptcy and when the corporation was insolvent. The questions involved in the two…

1Opinion of the Court

COXF, Circuit Judge.

These actions are brought to set aside as void, under sections 60a, 60b, and 67e of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 562, 564 [U. S. Comp. St. 1901, pp. 3445, 3449]), certain payments made by the bankrupt to the defendants.

*316It is necessary for the trustee, in order to recover under section 60,, to establish the following propositions:

First. That the payments were made within four months before the filing of the petition.

Second. That at the time of the payments the bankrupt was insolvent within the meaning of subdivision 15 of section 1 of the act (30…

2Cases cited6 opinions

  1. Coder v. McPhersonCourt of Appeals for the Eighth Circuit · 1907
  2. Ridge Ave. Bank v. StudheimCourt of Appeals for the Third Circuit · 1906
  3. Sundheim v. Ridge Avenue BankDistrict Court, E.D. Pennsylvania · 1905
  4. In re AndrewsDistrict Court, D. Massachusetts · 1905
  5. Wetstein v. FranciscusCourt of Appeals for the Second Circuit · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Grandison v. National Bank of CommerceCourt of Appeals for the Second Circuit · 1916
  2. Pender v. Chatham Phenix Nat. Bank & Trust Co.Court of Appeals for the Second Circuit · 1932
  3. Tilt v. Citizens' Trust Co.District Court, D. New Jersey · 1911
  4. Gering v. LeydaCourt of Appeals for the Eighth Circuit · 1911
  5. Jentzer v. Viscose Co.District Court, S.D. New York · 1934

3 more not listed; retrieve them via the Exa API.

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