Legal Opinion
In re Gans & Klein
District Court, D. Montana
Decided August 23, 1926No. 4474PublishedCited by 8 opinions
1Opinion of the Court
BOURQUIN, District Judge.
The bank seeks review of the referee’s order to surrender a preference. In substance and effect the referee’s findings are that, by agreement between the bankrupt and the bank, certain deposits by the former with the latter were of special character; that when deposited, and at all times thereafter, the bankrupt was insolvent to the knowledge of the bank, or thereof the bank had reasonable cause to believe’; and that thereafter and without right the bank applied the deposits upon the bankrupt’s debts to it, thus effecting a preference to its knowledge, or whereof it…
2Cases cited11 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
- Libby v. HopkinsSupreme Court of the United States · 1881
- United States v. Butterworth Judson Corp.Supreme Court of the United States · 1925
- Smith v. Sanborn State BankSupreme Court of Iowa · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Avant v. United StatesDistrict Court, E.D. Virginia · 1958
- Killoren v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1942
- Twentieth Street Bank v. GilmoreCourt of Appeals for the Fourth Circuit · 1934
- Aljanabi v. Commissioner of Social Security AdministrationDistrict Court, D. Arizona · 2022
3 more not listed; retrieve them via the Exa API.