Batchelder v. Home National Bank
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of Jeremiah J. O’Neil to recover from the Home National Bank of Milford the amount of a preference alleged to have been made in violation of the bankruptcy act of 1898, § 60, as amended by U. S. St. 1903, c. 487, § 13. Writ dated January 21, 1910. In the Superior Court the case was tried before Morton, J. The facts which could have been found upon the evidence are stated in the opinion.
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Contract by the trustee in bankruptcy of Jeremiah J. O’Neil to recover from the Home National Bank of Milford the amount of a preference alleged to have been made in violation of the bankruptcy act of 1898, § 60, as amended by U. S. St. 1903, c. 487, § 13. Writ dated January 21, 1910. In the Superior Court the case was tried before Morton, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the defendant asked the judge to make various rulings, of which the first was, that upon all the evidence the plaintiff could not recover and…
1Opinion of the CourtSheldon, J.
The defendant’s main contention is that there was no evidence to warrant a finding that O’Neil intended to give a preference to the defendant, or that the defendant had reasonable cause to believe that O’Neil was insolvent and intended to give to it a preference by paying the notes which it held.
There was evidence that O’Neil was insolvent. It could be found that his- indebtedness greatly exceeded his assets, and that he knew this fact. He paid the defendant the full amount of his notes which it held, none of which had yet become payable, and two of which were not payable until more than two…
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