Johnson v. Root Manufacturing Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the right of a trustee in bankruptcy to recover an alleged preferential payment made by the bankrupt within four months of the filing of the petition under an agreement made more than four months before the filing, are stated in the opinion. The action was to cover an alleged unlawful preference. The judgment of the District Court did not depend upon diverse citizenship alone.
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ERROR TO THE CIRCUIT COURT OP APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the right of a trustee in bankruptcy to recover an alleged preferential payment made by the bankrupt within four months of the filing of the petition under an agreement made more than four months before the filing, are stated in the opinion. The action was to cover an alleged unlawful preference. The judgment of the District Court did not depend upon diverse citizenship alone. The defendant in error waived its lien. The right to file a lien may be waived before lien accrues. No equitable lien was created…
1Opinion of the CourtJustice Holmes
This is a suit to recover an alleged preference from the defendant in error. The Circuit Court of Appeals reversed.a judgment recovered by the plaintiff and ordered judgment for the defendant. 219 Fed. Rep. 397; 135 C. C. A. 139. This writ of error was taken out before the passage of the Act of January 28,1915, c. 22, § 4, 38 Stat. 803,804. .
The facts are these:.On May 9, 1910, the Warren Construction Company, the bankrupt, had contracted to do some construction for a railroad company, receiving monthly payments on account, and agreeing that if at any time there should be evidence of any lien…
2Cases cited1 opinion
- Root Mfg. Co. v. JohnsonCourt of Appeals for the Seventh Circuit · 1914
3Cited by28 opinions
- 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- United States Fidelity & Guaranty Co. v. SweeneyCourt of Appeals for the Eighth Circuit · 1935
- In Re D & B Electric, Inc.United States Bankruptcy Court, W.D. Kentucky · 1980
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