Schreyer v. Citizens' National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Citizens’ National Bank of the City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1902, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Laughlin, J.:
The action was brought by the trustee in bankruptcy of John Foerst to .set aside an assignment or transfer of certain book accounts made by the bankrupt to tlie defendant less than four months prior to the filing of the petition and the adjudication in bankruptcy. It is alleged that Foerst was insolvent at the time of the transfer; that this was known to the bank and that such transfer created an unlawful preference in favor of the defendant as against the other creditors.
Section 60, subdivision a, of the Bankruptcy Act, approved July 1, 1898, provides, among other things, that…
2Cases cited1 opinion
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
3Cited by6 opinions
- Houghton v. StinerAppellate Division of the Supreme Court of the State of New York · 1904
- West, Trustee v. Bank of LahomaSupreme Court of Oklahoma · 1905
- Utah Ass'n of Credit Men v. Boyle Furniture Co.Utah Supreme Court · 1913
- Taylor v. NicholsAppellate Division of the Supreme Court of the State of New York · 1909
- Rosenbluh v. KurashAppellate Division of the Supreme Court of the State of New York · 1936
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