Johnson v. Hanley, Hoye Co.
District Court, D. Rhode Island
In Equity. Suit by Edwin A. Johnson against the Hanley, Hoye Company. Demurrer to bill of complaint.
1Opinion of the Court
BROWN, District Judge.
This is a demurrer to a bill in equity by a trustee in bankruptcy, to set .aside a preferential payment of money to a firm creditor.
[1] Upon ihe foreclosure of a mortgage upon firm property, there remained after satisfaction of the mortgage debt a considerable surplus belonging to the bankrupt firm. One of the copartners directed the mortgagee to pay from the surplus in his hands a debt due the defendant, a creditor, thereby creating a preference.
In legal effect this transaction was the same as a direct payment by the firm to prefer a firm creditor.
The defendant contends…
2Cases cited15 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Page v. RogersSupreme Court of the United States · 1909
- Eyre v. PotterSupreme Court of the United States · 1854
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3Cited by4 opinions
- Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a BankruptCourt of Appeals for the Ninth Circuit · 1956
- Reed v. Guaranty Security Corp.District Court, D. Massachusetts · 1923
- Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a BankruptCourt of Appeals for the Ninth Circuit · 1956
- Foster v. ZellmanDistrict Court, D. Massachusetts · 1928