Legal Opinion

Meyers v. Somerset Trust Co.

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 52PublishedCited by 4 opinions

Appeal, No. 52, April T., 1920, by defendant, from judgment of C. P. Somerset County, February T., 1919, No. 17, on verdict for the plaintiff in the case of Rufus E. Meyers, Trustee in Bankruptcy of Roy D. Hostetler, v. Somerset Trust Company, a Corporation. Assumpsit by trustee in bankruptcy to recover a preference alleged to have been secured by defendant trust company over other creditors. Before Bailey, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 52, April T., 1920, by defendant, from judgment of C. P. Somerset County, February T., 1919, No. 17, on verdict for the plaintiff in the case of Rufus E. Meyers, Trustee in Bankruptcy of Roy D. Hostetler, v. Somerset Trust Company, a Corporation. Assumpsit by trustee in bankruptcy to recover a preference alleged to have been secured by defendant trust company over other creditors. Before Bailey, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,150.68 and judgment thereon. Defendant appealed. Errors assigned were various rulings on…

1Opinion of the Court

Opinion by

Linn, J.,

Defendant appeals from a judgment on a verdict for plaintiff in an action brought by him as trustee in bankruptcy of Hostetler to set aside a preference. The bankruptcy act provides: “A person shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing of the petition,......made a transfer of any of his property, and the effect of the enforcement of such......transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class ......” section 60a.…

2Cases cited2 opinions

  1. Dunmore v. PaddenSupreme Court of Pennsylvania · 1918
  2. Ruth-Hastings Glass Tube Co. v. SlatterySupreme Court of Pennsylvania · 1920

3Cited by4 opinions

  1. Josephson & Sons v. WeintraubSuperior Court of Pennsylvania · 1921
  2. Falco v. Bryn Mawr Trust Co., Pennsylvania Court of Common Pleas, Montgomery County1927
  3. Pangborn Corp. v. Blatt, Pennsylvania Court of Common Pleas, Berks County1922
  4. Smith v. City Insurance, Pennsylvania Court of Common Pleas, Blair County1923

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