Legal Opinion

Mechanics' and Metals Nat. Bank of City of New York v. Ernst

Supreme Court of the United States

Decided November 3, 1913No. 446PublishedCited by 50 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the determination of Ü19 question of whether the delivery of securities by a broker immediately preceding his bankruptcy to a bank to secure its loan was an illegal preference, are stated 'in the opinion.

1Opinion of the CourtJustice Holmes

This is an appeal from a decree of the Circuit Court of Appeals reached upon the same opinion that disposed of The National City Bank v. Hotchkiss, just decided, ante, p. 50. (The judgment of the District Court will be found in 200 Fed. Rep. 295.) This case arose at the same time and differs but little from that in its facts, as to which, as in the other case, the master, the District Court and the Circuit Court of Appeals all agree.

The advance in this case was made at about ten on the following note to the firm signing it “Please loan us today $400000. Crediting this amount to our account…

2Cases cited1 opinion

  1. Sexton v. Kessler & Co.Supreme Court of the United States · 1912

3Cited by50 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. Anderson v. Douglas & Lomason Co.Supreme Court of Iowa · 1995
  3. Mayo v. Pioneer Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1959
  4. CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
  5. Walker v. WilkinsonCourt of Appeals for the Fifth Circuit · 1924

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