Rudisill's Trustee v. Wildasin
Supreme Court of Pennsylvania
Appeal, No. 405, Jan. T., 1922, by plaintiff, from judgment of C. P. York Co., Aug. T., 1921, No. 38, on verdict for defendant, in case of Alvin R. Nissly, Trustee of Pius W. Rudisill, bankrupt, v. Martin Wildasin. Assumpsit by trustee in bankruptcy to recover amount of a preference. Before Ross, J. The opinion of the Supreme Court states the facts. Verdict1 and judgment for defendant. Plaintiff appealed.
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Appeal, No. 405, Jan. T., 1922, by plaintiff, from judgment of C. P. York Co., Aug. T., 1921, No. 38, on verdict for defendant, in case of Alvin R. Nissly, Trustee of Pius W. Rudisill, bankrupt, v. Martin Wildasin. Assumpsit by trustee in bankruptcy to recover amount of a preference. Before Ross, J. The opinion of the Supreme Court states the facts. Verdict1 and judgment for defendant. Plaintiff appealed. Error assigned, inter alia, was refusal of judgment for plaintiff n. o. v., quoting record.
1Opinion of the Court
Opinion by
Me. Justice Kephart,
On the 18th of October, 1919, Pius W. Rudisill sold his accounts receivable and an automobile, paying from the sum realized two notes, aggregating $1,800, on which defendant was surety. Rudisill was then insolvent, and, on the 21st of November of the same year, was adjudged a bankrupt. This action was brought by the trustee to recover the above sum which, it is claimed, was a preference under the Bankruptcy Act as amended in .1910, section 60-B. The case was submitted to the jury, who found for defendant, upon which judgment was entered.
To establish a preference…
2Cases cited4 opinions
- City Nat. Bank v. SlocumCourt of Appeals for the Sixth Circuit · 1921
- Pyle v. Texas Transport & Terminal Co.Supreme Court of the United States · 1915
- Schuette v. SwankSupreme Court of Pennsylvania · 1920
- Marshall v. NevinsCourt of Appeals for the Ninth Circuit · 1917
3Cited by6 opinions
- Cherry Etc. v. Union Nat. Bk.Superior Court of Pennsylvania · 1925
- Schwartz's AppealSupreme Court of Pennsylvania · 1927
- Hertzler v. NisslySupreme Court of Pennsylvania · 1928
- Jenkins v. North Pole Ice Co.Superior Court of Pennsylvania · 1924
- McDonald v. LawsonWyoming Supreme Court · 1960
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