Taylor v. Nichols
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jesse M. Nichols, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 24th day of August, 1908, upon the decision of the court rendered after a trial at the Delaware Trial Term before the court without a jury.
1Opinion of the Court
Smith, P. J.:
This action is apparently brought under section 60 of the Bankruptcy Act (30 U. S. Stat. at Large, 862, as amd. by 32 id. 799,800, § 13) to recover from the defendant the sum of $500, as having been paid to him by one William H. Nichols, an insolvent, within four months before the filing of his petition in bankruptcy, and as having been' received by the said defendant with knowledge of the fact that it was intended to give to him a preference as a creditor. Two facts were required to be proven in order to justify the judgment rendered ; First, that at the time of the transfer W…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1892
- Burnham v. . BrennanNew York Court of Appeals · 1878
- Schreyer v. Citizens' National BankAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Saper v. WestCourt of Appeals for the Second Circuit · 1959
- Allen-Kingston Motor Car Co. v. Consolidated National BankAppellate Division of the Supreme Court of the State of New York · 1911
- Rosenbluh v. KurashAppellate Division of the Supreme Court of the State of New York · 1936
- Saper v. WestCourt of Appeals for the First Circuit · 1959