Richardson v. Germania Bank
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Suit by Carl H. Richardson, as trustee in bankruptcy, against the Germania Bank of the City of New York. Decree for defendant, and plaintiff appeals.
1Opinion of the Court
HOUGH, Circuit Judge (after stating the facts as above).
We are agreed that the payment was not a voidable preference, because (if for no other reason) the Bank had no reasonable cause to believe that it was intended (hereby to give a preference. This being a question of fact, on which we agree with the trial judge, there is no propriety in discussing evidence; it would obscure, and not illuminate, the question of law urged upon us by the very able argument of appellant.
[1] We therefore only note (as triers of the facts) that we think the hare circumstances that those in charge of a sick man’s…
2Cases cited16 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Dean v. DavisSupreme Court of the United States · 1917
- Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
- In re BrausCourt of Appeals for the Second Circuit · 1917
- Pollock v. JonesCourt of Appeals for the Fourth Circuit · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rubin Bros. Footwear, Inc. v. Chemical Bank (In Re Rubin Bros. Footwear, Inc.)District Court, S.D. New York · 1990
- Coleman American Moving Services, Inc. v. First National Bank & Trust Co. of Kearney (In Re American Properties, Inc.)United States Bankruptcy Court, D. Kansas · 1981
- Irving Trust Co. v. Chase Nat. BankCourt of Appeals for the Second Circuit · 1933
- Toledo Trust Co. v. Peoples Banking Co. (In Re Hartley)United States Bankruptcy Court, N.D. Ohio · 1985
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
13 more not listed; retrieve them via the Exa API.