Forgy v. Field
Court of Appeals for the Ninth Circuit
Appeal from the District Gourt of the United States for the Southern District of California. This cause comes before this court upon the alleged error of the district court for the Southern district of California, sitting as a court of bankruptcy, in allowing the claim of Marshall Field & Co. against the estate of Fixen & Co., bankrupts». . It appears that on May 29, 1899, Fixen & Co. were indebted to Marshall Field & Co., appellees herein, in the sum of §745.61 for…
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Appeal from the District Gourt of the United States for the Southern District of California. This cause comes before this court upon the alleged error of the district court for the Southern district of California, sitting as a court of bankruptcy, in allowing the claim of Marshall Field & Co. against the estate of Fixen & Co., bankrupts». . It appears that on May 29, 1899, Fixen & Co. were indebted to Marshall Field & Co., appellees herein, in the sum of §745.61 for merchandise sold and delivered to said Fixen & Co. by tbe appellees, and that on that day the appellees received from Fixen &…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The question to be determined in this case is whether a payment made on account by an insolvent debtor, in the ordinary course of business, within four months prior to his adjudication in bankruptcy, where it does not appear that the creditor receiving the payment had reasonable cause to believe that it was intended as a preference, constitutes a preference, under the bankruptcy act, that will prevent the allowance of the creditor’s claims for the balance of the account. Section 60 of that act provides (30 Stat. 562):
“(a) A person shall be deemed to have…
2Cases cited5 opinions
- Hamilton v. RathboneSupreme Court of the United States · 1899
- Bank v. ShermanSupreme Court of the United States · 1880
- Columbus Electric Co. v. WordenCourt of Appeals for the Seventh Circuit · 1900
- J. W. Butler Paper Co. v. RobbinsIllinois Supreme Court · 1894
- In re ConhaimDistrict Court, D. Washington · 1899
3Cited by17 opinions
- Clendening v. Red River Valley National BankNorth Dakota Supreme Court · 1903
- Brill v. W. B. Foshay Co.Court of Appeals for the Eighth Circuit · 1933
- Tri-Lakes SS Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1945
- In re BlochCourt of Appeals for the Second Circuit · 1905
- Schwartz v. Levine & Malin, Inc.Court of Appeals for the Second Circuit · 1940
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