Toof v. City Nat. Bank of Paducah
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. In the matter of the Foreman Bros. Electric Company, bankrupt. E. E. D. Toof, trustee, appeals from an order dismissing his petition to recover a payment made by the bankrupt to the City National Bank of Paducah, Ky.
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Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. In the matter of the Foreman Bros. Electric Company, bankrupt. E. E. D. Toof, trustee, appeals from an order dismissing his petition to recover a payment made by the bankrupt to the City National Bank of Paducah, Ky. On July 29, 1909, the bankrupt borrowed from the bank on its demand nolo $2,285 for the purpose of taking up a draft, then in the bank for collection, attached to a bill of lading for three automobiles which had been shipped to Paducah, with instructions to deliver to…
1Opinion of the CourtDpjntson, Circuit Judge
(after stating the facts as above). [1] 1: So far as concerns interests of the class here involved, when a trustee is appointed, his title is fixed, by relation, as of the time of filing the petition, and not merely as of the date of adjudication. This is made clear by Supreme Court decisions rendered since the making of the order now under review. Acme Co. v. Beekman Co., 222 U. S., *252300, 32 Sup. Ct. 96, 56 E. Ed. 208; Everett v. Judson, 228 U. S. 474, 33 Sup. Ct. 568, 57 L. Ed. -, April 28, 1913.
[2] 2., Payment of such a debt as this by the bankrupt after filing of petition, is…
2Cases cited12 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Everett v. JudsonSupreme Court of the United States · 1913
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- Citizens Fidelity Bank & Trust Co. v. All-Brite Sign Service Co. (In Re All-Brite Sign Service Co.)United States Bankruptcy Court, W.D. Kentucky · 1981
- In Re KleatherUnited States Bankruptcy Court, S.D. Ohio · 1997
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