Legal Opinion

Irving Trust Co. v. Bank of America Nat. Ass'n

Court of Appeals for the Second Circuit

Decided January 8, 1934No. 94PublishedCited by 7 opinions

1Opinion of the Court

SWAN, Circuit Judge.

Broomhall, Killough & Co., Inc., a dealer in stocks and bonds, was adjudicated bankrupt upon its voluntary petition filed July 3, 1930. On the afternoon of the preceding day the bankrupt, being then insolvent, made a deposit in its account with the defendant bank, and $82,156.58 thereof was applied to the payment of a “day loan” which the bank had granted earlier in the day. The bank received the deposit under circumstances which gave it reasonable cause to believe that a preference would be effected thereby, unless as a matter of law the day loan agreement justified…

2Cases cited26 opinions

  1. Cunningham v. BrownSupreme Court of the United States · 1924
  2. Thompson v. FairbanksSupreme Court of the United States · 1905
  3. Richardson v. ShawSupreme Court of the United States · 1908
  4. National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
  5. Benedict v. RatnerSupreme Court of the United States · 1925

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3Cited by7 opinions

  1. Mazer v. Aetna Finance Co. (In Re Zuni)United States Bankruptcy Court, D. New Mexico · 1980
  2. Official Committee of Unsecured Creditors of 360Networks (USA) Inc. v. AAF-McQuay, Inc. (In Re 360Networks (USA) Inc.)United States Bankruptcy Court, S.D. New York · 2005
  3. Bachner v. RobinsonCourt of Appeals for the Second Circuit · 1939
  4. Erman v. Armco, Inc. (In Re Formed Tubes, Inc.)United States Bankruptcy Court, E.D. Michigan · 1984
  5. Sammet v. MayerCourt of Appeals for the Second Circuit · 1939

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

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