First State Bank v. Spencer
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Suit by Fermor J. Spencer, as trustee in bankruptcy of the estate of Mrs. H. Townsend & Co., against the First State Bank of Milliken, a corporation, to recover an alleged preference. Decree for complainant, and defendant appeals.
1Opinion of the Court
CÁRLAND, Circuit Judge..Appellee, as trustee in' bankruptcy of the estate of Mrs. H. Townsend & Co., brought this action against the appellant to recover the sum of $1,100 in money, claimed to have been paid to it by the bankrupt under such circumstances as to constitute a voidable preference. On final hearing the trial court found that the payment of $1,067 on May 17, 1911, to appellant out of assets which belonged to the estate of the bankrupt, was an unlawful preference and rendered judgment for said sum and interest, amounting in all to $1,200.75, against appellant. The case had not a…
2Cases cited15 opinions
- Buzard v. HoustonSupreme Court of the United States · 1886
- New York Guaranty Company v. Memphis Water CompanySupreme Court of the United States · 1883
- Wall v. CoxSupreme Court of the United States · 1901
- Warmath v. O'DanielCourt of Appeals for the Sixth Circuit · 1908
- Off v. HakesCourt of Appeals for the Seventh Circuit · 1905
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3Cited by9 opinions
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- Lowell v. BrownDistrict Court, D. Massachusetts · 1922
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- Lewinson v. Hobart Service Trust Co. of PassaicDistrict Court, D. New Jersey · 1931
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