Upson v. Mount Morris Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mount Morris Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 10th day of June, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Laughlin, J.:
The action is by a trustee in bankruptcy of one Welch to recover a payment of $5,000 alleged to have ■ been made by the bankrupt to the defendant, within four months of the filing of the petition, upon the ground that it constitutes an unlawful preference. The verdict was directed upon the theory that at the time the payment was made Welch was insolvent within the meaning of that term as used in the Bankruptcy Iaw (30 U. S. Stat. at Large, 544, § 1), and that the effect of the transfer was to pay a greater part of the indebtedness owing to the defendant than his remaining assets…
2Cases cited2 opinions
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Benedict v. . DeshelNew York Court of Appeals · 1903
3Cited by4 opinions
- Parker v. BlackDistrict Court, W.D. New York · 1906
- Harder v. ClarkCity of New York Municipal Court · 1910
- Starbuck v. GeboNew York County Court, Saratoga County · 1905
- Voorhees v. UngerAppellate Division of the Supreme Court of the State of New York · 1914