McAleer v. People's Bank
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by V. B. McAleer, as trustee in bankruptcy of Henry C. Meyer, against the People’s Bank. Prom judgment of nonsuit, plaintiff appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by V. B. McAleer, as trustee in bankruptcy of Henry C. Meyer, against the People’s Bank. Prom judgment of nonsuit, plaintiff appeals. Plaintiff, appellant here, sued as a trustee in bankruptcy of one Henry C. Meyer to recover $2,898.11 paid by said Meyer to defendant (appellee) on the 2d day of June, 1917, a short time (about two weeks) prior to the adjudication of said Meyer as a bankrupt; said suit being based upon the theory that said payment constituted a recoverable preference. Upon conclusion of the evidence…
1Opinion of the CourtGardner, J.
The plaintiff, as trustee in bankruptcy of one Henry O. Meyer, brought this suit to recover $2,898.11 paid by the said Meyer to defendant bank on June 2, 1917, upon the theory that the payment constituted a recoverable preference under the provisions of section 60b of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat 562 [U. S. Comp. St. 1916, § 9644]), which, so far as pertinent here, reads as follows:
“If a bankrupt shall have * * * made a transfer of any of his property, and if, at the time of the transfer * * * and being within four months before the filing of the petition in…
2Cases cited9 opinions
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- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Mechanics' and Metals Nat. Bank of City of New York v. ErnstSupreme Court of the United States · 1913
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
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3Cited by3 opinions
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- McCullar v. WilliamsSupreme Court of Alabama · 1928
- People's Bank v. McAleerSupreme Court of Alabama · 1920