Legal Opinion

Dinkelspiel v. Weaver

District Court, W.D. Arkansas

Decided November 23, 1953No. Civ. A. 542PublishedCited by 15 opinions

1Opinion of the Court

JOHN E. MILLER, District Judge.

On March 7, 1953, plaintiff, as trustee in bankruptcy for Harry Archer Davis, bankrupt, filed his complaint against the defendant, Charles Weaver, seeking to set aside certain transfers of money from the bankrupt to defendant on the ground that said transfers were preferences under the provisions of Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96.

On April 11, 1953, defendant filed his answer in which he admitted receiving the money but denied that said transfers were preferences. The defendant also pleaded a setoff under the provisions of Section 60, sub. c…

2Cases cited29 opinions

  1. Grant v. National BankSupreme Court of the United States · 1878
  2. Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
  3. Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
  4. In re EggertCourt of Appeals for the Seventh Circuit · 1900
  5. CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930

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3Cited by15 opinions

  1. Jensen v. State Bank of AllisonCourt of Appeals for the Eighth Circuit · 1975
  2. Engelkes v. Farmers Co-Operative CompanyDistrict Court, N.D. Iowa · 1961
  3. International Minerals & Chemical Corporation v. Harry Moore, Jr., as Trustee for and on Behalf of the Estate of Billie Sol EstesCourt of Appeals for the Fifth Circuit · 1966
  4. In Re Entertainment IncorporatedDistrict Court, E.D. Virginia · 1974
  5. Gentry v. BodanDistrict Court, W.D. Louisiana · 1972

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