Rogers v. American Halibut Co.
Massachusetts Supreme Judicial Court
Contract, by the trustee in bankruptcy of the partners constituting the firm of Samuel G. Pool and Sons, to recover an alleged preference of $1,400 made to the defendant, a corporation, by Samuel G. Pool, one of the bankrupt partners, on October 29, 1910, within four months previous to February 23,1911, on which day the partners were adjudicated bankrupts.
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Contract, by the trustee in bankruptcy of the partners constituting the firm of Samuel G. Pool and Sons, to recover an alleged preference of $1,400 made to the defendant, a corporation, by Samuel G. Pool, one of the bankrupt partners, on October 29, 1910, within four months previous to February 23,1911, on which day the partners were adjudicated bankrupts. Writ dated May 2, 1911. In addition to a general denial, the defendant’s answer contained, by amendment, an allegation that any payment of $1,400, or any part thereof, made to the defendant by Samuel G. Pool, or by the bankrupt firm or any…
1Opinion of the CourtBraley, J.
The intention of a bankrupt to confer a preference no longer need be shown, but the plaintiff under the statute as amended still had the burden of proving, that the defendant when the payment was received had reasonable cause to believe that its debtor was insolvent and that enforcement of the transfer would result in diminishing the bankrupt’s assets applicable to the payment of creditors of the same class. U. S. St. 1898, c. 541, § 60 b, as amended by U. S. St. 1910, c. 412, § 11. Hewitt v. Boston Straw Board Co. 214 Mass. 260. Wilson v. Mitchell-Woodbury Co. 214 Mass. 514. National Bank of…
2Cases cited9 opinions
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- Kaufman v. TredwaySupreme Court of the United States · 1904
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
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3Cited by13 opinions
- Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1915
- Kamberg v. Springfield National BankMassachusetts Supreme Judicial Court · 1935
- Lowell v. BrownDistrict Court, D. Massachusetts · 1922
- Cohen v. GoldmanCourt of Appeals for the First Circuit · 1918
- Jacobs v. SapersteinMassachusetts Supreme Judicial Court · 1916
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