Anderson v. Stayton State Bank
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Justice Harris. This is an action by A. J. Anderson, as trustee in bankruptcy of the estate of Roy H. Wassom and M. A. McLaughlin, partners, doing business under the firm name and style of the Salem Lumber Company, and as trustee of the estate of Roy H. Wassom and M. A. McLaughlin individually, against the Stayton State Bank.
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From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Justice Harris. This is an action by A. J. Anderson, as trustee in bankruptcy of the estate of Roy H. Wassom and M. A. McLaughlin, partners, doing business under the firm name and style of the Salem Lumber Company, and as trustee of the estate of Roy H. Wassom and M. A. McLaughlin individually, against the Stayton State Bank. Claiming that within the meaning of the National Bankruptcy Act a preference was effected when the defendant received $730.32 in satisfaction of a judgment against Roy H. Wassom and M. A. McLaughlin, the…
1Opinion of the CourtJustice Harris
1, 2. If the enforcement of the judgment, which the Stayton State Bank obtained against Roy H. Wassom and M. A. McLaughlin, worked a preference within the meaning of the Bankruptcy Act, then the trustee in bankruptcy would be entitled to recover from the bank the sum of $730.32, which it received on its judgment. The plaintiff, however, cannot question the judgment unless he first alleges and proves his right to appear as the trustee in bankruptcy, which in*364volves: (a) The filing of a petition in bankruptcy; (b) the adjudication; (c) the appointment of plaintiff; and (d) the qualification as…
2Cases cited32 opinions
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Board of Com'rs v. HurleyCourt of Appeals for the Eighth Circuit · 1909
- Gray v. RolloSupreme Court of the United States · 1874
- Huttig Mfg. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1908
- Noble v. Beeman-Spaulding-Woodward Co.Oregon Supreme Court · 1913
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- In Re Proceedings by Merrill Lynch Relocation Management, Inc. Jack Clopper v. Merrill Lynch Relocation Management, Inc. v. John M. Berman, IndividuallyCourt of Appeals for the Ninth Circuit · 1987
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