Cunningham v. Lexington Trust Co.

This is an action of contract in which the plaintiff, as trustee in bankruptcy of Charles Ponzi, seeks to recover from the defendant, with which Ponzi had a deposit account in the sum of $11,793.04, the amount of two checks alleged to have been paid by the defendant after the filing on August 9, 1920, at 1:40 p.m. of an involuntary petition in bankruptcy against Ponzi. On August 12, 1920, an application for receiver was filed and on August 19 receivers were appointed. On October 25, 1920, an adjudication of bankruptcy was entered.

The first check, for $5,000, was received by the defendant by…