Greene v. Montana Brewing Co.
Montana Supreme Court
Aiipeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by Howard S. Greene, as trustee in bankruptcy of Chris Peterson, against the Montana Brewing Company. Prom a judgment in favor of plaintiff, defendant appeals. STATEMENT OR THE CASE.
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Aiipeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by Howard S. Greene, as trustee in bankruptcy of Chris Peterson, against the Montana Brewing Company. Prom a judgment in favor of plaintiff, defendant appeals. STATEMENT OR THE CASE. This is an action in conversion brought by a trustee in bankruptcy against the Montana Brewing Company to recover the sum of $534.25. The complaint alleges that on August 17, 1899, the Montana Brewing Company commenced certain actions against one Chris Peterson; that writs of attachment ivere issued, and certain personal property belonging…
1Opinion of the Court
MR. JUSTICE! HO'LLOWAY,
after making the foregoing statement, delivered the opinion of the court.
The plaintiff must recover, if at all, by virtue' of Section 60b or Section 67f of the Bankruptcy Act of 1898 (Act July 1, 1898, c. 541, 30 Stat..562, 565 [U. S. Comp. St. 1901, pp. 3445, 34501] ) ; and the complaint must be tested by the provisions of those sections, which are as follows:
“Sec. 60b. If a bankrupt shall have given a preference within four months before the filing of a petition, or after the.filing of the petition and before the adjudication, and the person receiving it, or to be…
2Cases cited2 opinions
- In re BlairDistrict Court, S.D. New York · 1900
- Levor v. SeiterAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Greene v. Montana Brewing Co.Montana Supreme Court · 1905
- Rodolf, Trustee v. First Nat. Bank of TulsaSupreme Court of Oklahoma · 1912
- In Re McCueMontana Supreme Court · 1927