Legal Opinion

Rotan Grocery Co. v. West

Court of Appeals for the Fifth Circuit

Decided December 15, 1917No. 3125PublishedCited by 9 opinions

Appeal from District Court of the United States for the Western District of Texas; Duval West, Judge. In the matter of the bankruptcy of the Star Grocery Company. Petition by Frank T. West, trustee, for reconsideration of the order allowing the claim of the Rotan Grocery Company. The referee sustained the contest and expunged its claim from the record, and the Rotan Grocery Company, claimant, petitioned for review.

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Appeal from District Court of the United States for the Western District of Texas; Duval West, Judge. In the matter of the bankruptcy of the Star Grocery Company. Petition by Frank T. West, trustee, for reconsideration of the order allowing the claim of the Rotan Grocery Company. The referee sustained the contest and expunged its claim from the record, and the Rotan Grocery Company, claimant, petitioned for review. From a decree of the court, sustaining the order of the referee, the claimant appeals.

1Per curiam

We are of opinion that tire evidence adduced well supported the conclusions that the transfer made by the bankrupt to the appellant a few days before the petition in bankruptcy was filed was a payment on an account which then no longer was an open one, and was made under such circumstances as to constitute it an illegal preference, with the result that the appellant was not entitled to have what was owing to -it from the bankrupt set off against the payment so made.. Mechanics’ Bank v. Ernst, 231 U. S. 60, 34 Sup. Ct. 22, 58 L. Ed. 121. The complaint against the decree appealed from is not…

2Cases cited1 opinion

  1. Mechanics' and Metals Nat. Bank of City of New York v. ErnstSupreme Court of the United States · 1913

3Cited by9 opinions

  1. Walker v. WilkinsonCourt of Appeals for the Fifth Circuit · 1924
  2. Irving Trust Co. v. FrimittDistrict Court, S.D. New York · 1932
  3. Marketing Resources International Corp. v. PTC Corp. (In Re Marketing Resources International Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. Colonial Services Company v. MickelsonCourt of Appeals for the Eighth Circuit · 1973
  5. Freehling v. Michigan Repacking And Produce CompanyCourt of Appeals for the Fifth Circuit · 1970

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