Soule v. First National Bank
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to recover the value of notes and money, and to set aside the transfer of the same as a preference prohibited by the bankruptcy act. Judgment for plaintiff. Defendant appealed. The right of the trustee in bankruptcy to avoid a preference is made to depend not upon the fact that the preference was given, but upon the knowledge of the person receiving.
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APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to recover the value of notes and money, and to set aside the transfer of the same as a preference prohibited by the bankruptcy act. Judgment for plaintiff. Defendant appealed. The right of the trustee in bankruptcy to avoid a preference is made to depend not upon the fact that the preference was given, but upon the knowledge of the person receiving. (Coder v. Arts, 213 U. S. 223, 29 Sup. Ct. 437, 53 L. ed. 772, 16 Ann. Cas. 1008.) In a case where a fact is alleged in the…
1Opinion of the Court
WALTERS, District Judge.
This action was brought in the trial court by H. W. Soule as trustee for the Ashton Hardware and Implement Company, a bankrupt, as plaintiff, against the First National Bank of Ashton, as defendant.
The complaint charges that certain notes and moneys of the property of the hardware and implement company were placed in the hands of defendant bank for safekeeping pending settlement and payment of the claims of the creditors of the hardware and implement company, and that within four months prior to the institution of the bankruptcy proceedings, the defendant bank…
2Cases cited3 opinions
- Kimmerle v. FarrCourt of Appeals for the Sixth Circuit · 1911
- Calhoun County Bank v. CainCourt of Appeals for the Fourth Circuit · 1907
- Getts v. Janesville Wholesale Grocery Co.District Court, W.D. Wisconsin · 1908
3Cited by5 opinions
- Bowland v. Municipal CourtCalifornia Supreme Court · 1976
- Whitehead-Donovan Corp. v. Herald Publishing Co.California Supreme Court · 1964
- In Re Norwalk CallCalifornia Supreme Court · 1964
- McNichols v. J. R. Simplot Co.Idaho Supreme Court · 1953
- Elliott v. LeeIdaho Supreme Court · 1951