Sparks v. Marsh
District Court, E.D. Arkansas
In Equity. Suit by Charles C. Sparks, trustee of the estate of J. S. White, bankrupt, against T. T. Marsh and another, to recover an alleged preference.
Read the full summary
In Equity. Suit by Charles C. Sparks, trustee of the estate of J. S. White, bankrupt, against T. T. Marsh and another, to recover an alleged preference. The object of the bill is to recover the sum of $1,000 alleged to have been paid by the bankrupt to the defendants, creditors, four days before involuntary proceedings in ¡bankruptcy were instituted against him, which payment it is charged was made by the bankrupt to the defendants “when insolvent and in contemplation of bankruptcy and was received by the defendants with Imowledge of the insolvency of the bankrupt and with such information as…
1Opinion of the Court
TRIEBER, District Judge.
There is no direct evidence that the defendants had any knowledge of the bankrupt’s insolvency,, or that the payment was intended as a preference at the time it was made, but it is claimed that the evidence establishes the fact that they had such information as would put a reasonable person upon notice that the debtor was insolvent at the time, and that the payment was intended as a preference within the meaning of the bankruptcy act.
The evidence establishes the following facts: That the defendants are, and have been since 1903, engaged in the liquor business, owning a…
2Cases cited9 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Grant v. National BankSupreme Court of the United States · 1878
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rodolf, Trustee v. First Nat. Bank of TulsaSupreme Court of Oklahoma · 1912
- Arthur v. HarringtonDistrict Court, N.D. New York · 1914
- Continental & Commercial Trust & Savings Bank v. Breen & KennedyAppellate Court of Illinois · 1914
- Easton v. WillfongHawaii Supreme Court · 1914