Legal Opinion

Capital National Bank v. Wilkerson

Indiana Court of Appeals

Decided November 3, 1905No. 4,994PublishedCited by 1 opinion

Erom Superior Court of Marion County (64,217) ; John L. McMasier, Judge. Action by Alfred O. Wilkerson, as trustee in bankruptcy of tbe estate of James M. Key, against tbe Capital Rational Bank. Erom a judgment for plaintiff, defendant appeals.

1Opinion of the Court

Wiley, O. J.

Appellee sued appellant to recover an alleged preference under .subdivision b, §60 (30 Stat. at Large, p. 562), of tbe national bankruptcy law of 1898. Tbe complaint was in a single paragraph, to which an answer in denial was filed. Trial by tbe court, and finding and judgment for appellee. Appellant’s motion for a new trial was overruled.

Tbe errors .assigned are: (1) Tbat tbe complaint does not state facts sufficient to constitute a cause of action; and (2) tbat tbe court erred in overruling tbe motion for a new trial.

1. Tbe only objection urged to tbe complaint is tbat it does…

2Cases cited18 opinions

  1. Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
  2. Grant v. National BankSupreme Court of the United States · 1878
  3. Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
  4. In re EggertCourt of Appeals for the Seventh Circuit · 1900
  5. Dutcher v. WrightSupreme Court of the United States · 1877

13 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Robinson v. StateIndiana Supreme Court · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API