Legal Opinion

Walters v. Zimmerman

District Court, N.D. Ohio

Decided June 21, 1913No. 44Published

In Bankruptcy. Action by S. E. Walters, as trustee in bankruptcy of L. E. Zimmerman, individually and as partner in the Zimmerman Music Company, against Mary E. Zimmerman and others to set aside an alleged preference consisting of a mortgage given by the bankrupt to one George H. Marsh.

1Opinion

On Rehearing.

At the urgent instance of counsel for defendant Marsh, this case has been reargued on the old record. No new facts are presented for consideration, and we notice none not referred to in our first memorandum save that Zimmerman was sent to Marsh, the bank’s president, to borrow the money to pay for the unsecured portion of the bank’s claim by Webster, the hank’s cashier, who was demanding an adjustment and refusing the music company further credit.

AVe have, then, these facts shown either directly or established as the inevitable deductions from the facts: An insolvent pressed for…

2Cases cited9 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
  3. Hackney v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1903
  4. In re PeaseDistrict Court, E.D. Michigan · 1902
  5. Stites v. DunnahooCourt of Appeals for the Seventh Circuit · 1902

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