Continental Nat. Bank v. Moore
Court of Appeals for the Ninth Circuit
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The evidence makes it clear and convincing beyond any doubt that the appellant, from and after the time when its officers visited the bankrupt’s store and investigated the condition of his business, was fully aware that he was insolvent and that the payment of its claims against him would effect a preference. ■
But the appellant sets up the defense that the $36,500 so deposited with it was received by it in the ordinary course of banking business, and that on July 20, 1921, there was due and owing from the bankrupt to the appellant $31,000, and that the…
2Cases cited7 opinions
- Libby v. HopkinsSupreme Court of the United States · 1881
- Mechanics' and Metals Nat. Bank of City of New York v. ErnstSupreme Court of the United States · 1913
- Alvord v. RyanCourt of Appeals for the Eighth Circuit · 1914
- Lehigh Valley Coal Sales Co. v. MaguireCourt of Appeals for the Seventh Circuit · 1918
- First Nat. Bank of El Centro v. HarperCourt of Appeals for the Ninth Circuit · 1918
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3Cited by3 opinions
- Harrison v. Merchants Nat. BankCourt of Appeals for the Eighth Circuit · 1942
- Wells Fargo Bank & Union Trust Co. v. McDuffieCourt of Appeals for the Ninth Circuit · 1934
- Davis v. Wells Fargo & Co. (In Re Haynes)United States Bankruptcy Court, D. Arizona · 2004