Crooks v. People's National Bank of Malone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George W. Crooks, as trustee in bankruptcy of the estates of Howard E. King and of the firm of H. E. King & Son, bankrupts, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Franklin on the 13th day of April, 1901, upon' the decision of the court, rendered after a trial before the court without a jury, dismissing the complaint upon the merits.
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Appeal by the plaintiff, George W. Crooks, as trustee in bankruptcy of the estates of Howard E. King and of the firm of H. E. King & Son, bankrupts, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Franklin on the 13th day of April, 1901, upon' the decision of the court, rendered after a trial before the court without a jury, dismissing the complaint upon the merits. The action is brought to set aside certain transfers of personal property, made by Howard E. King to the defendant, or for its benefit, on the ground that such…
1Opinion of the Court
Smith, J.:
The transfer of property by an insolvent is obnoxious to the provisions of the Bankrupt Law, only when the transfer was made with an intention to create a preference, and the person benefited thereby has reasonable cause to believe that a preference xvas intended. (30 U. S. Stat. at Large, 562, § 60.) The fact that the overdraft of $2,600 was at the time substantially secured by the water stock of Howard E. King, which was held as collateral thereto, would give full warrant to the finding of the trial court that the transfer of *334the mortgage to John H. King was not made with the…
2Cases cited2 opinions
- Crooks v. People's National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Briggs v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
3Cited by6 opinions
- Rocket River Development Co. v. German American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Benedict v. DeshelAppellate Division of the Supreme Court of the State of New York · 1902
- Republic Life Insurance v. Hudson Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Botway v. SchnitzerAppellate Division of the Supreme Court of the State of New York · 1926
- Crooks v. People's Nat. BankAppellate Division of the Supreme Court of the State of New York · 1902
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