Constam v. Haley
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Tennessee;. Edward T. Sanford, Judge. From an order requiring claimant, Isaac Constam, to return certain alleged preference payments to J. M. Haley, as trustee of the estate of The Hub, bankrupt, as a condition to claimant’s right to prove his claim, he appeals.
1Opinion of the Court
DENISON, Circuit Judge.
The question for decision here is whether the payments which Constam received and indorsed on his note against the bankrupt within four months before the bankruptcy were received with such reasonable cause to believe that they would effect a preference that they must be repaid to the trustee before Constam can prove his claim. Sections 57g, 60b, Bankr. Act (Act July 1, 1898, c. 541, 30 Stat. 560, 562 [U. S. Comp. St. 1901, pp. 3443, 3445]). Such payment was required by the referee, and on petition for review the district judge affirmed the referee. Constam appeals. We…
2Cases cited4 opinions
- Thomson-Houston Electric Co. v. Capitol Electric Co.Court of Appeals for the Sixth Circuit · 1894
- American Nat. Bank of Nashville v. MillerCourt of Appeals for the Sixth Circuit · 1911
- Wabash Ry. Co. v. ComptonCourt of Appeals for the Sixth Circuit · 1909
- Haines v. First Nat. Bank of MiddletownCourt of Appeals for the Sixth Circuit · 1913
3Cited by4 opinions
- Acme Precision Products, Inc., and William F. Jobbins, Inc. v. American Alloys CorporationCourt of Appeals for the Eighth Circuit · 1970
- Western Transit Co. v. Davidson S. S. Co.Court of Appeals for the Sixth Circuit · 1914
- Carroll v. SternCourt of Appeals for the Sixth Circuit · 1915
- Roy E. Hays Co. v. PiersonWyoming Supreme Court · 1925