Legal Opinion

Prudential Ins. Co. of America v. Nelson

Court of Appeals for the Sixth Circuit

Decided May 3, 1938No. 7454PublishedCited by 16 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

The trustee in bankruptcy of the Chickamauga Trust Company sued to recover from the appellant on the ground that it was a voidable preference, a sum of money paid to it by the bankrupt within four months of adjudication, in diminution of the bankrupt’s estate while the bankrupt was insolvent and under circumstances giving rise to a reasonable belief that it would effect a preference. From a decree adjudging the payment to have been preferential, ordering it set aside, and awarding the trustee full recovery with interest, the defendant appeals.

Why recovery was sought by…

2Cases cited9 opinions

  1. New York County National Bank v. MasseySupreme Court of the United States · 1904
  2. Reynes v. DumontSupreme Court of the United States · 1889
  3. Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
  4. Peters v. BainSupreme Court of the United States · 1890
  5. Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Canright v. General Finance CorporationCourt of Appeals for the Seventh Circuit · 1941
  2. Williams v. CollierDistrict Court, E.D. Pennsylvania · 1940
  3. Nathan Yorke, Trustee of the Estate of Philip Horvitz, Bankrupt v. Thomas Iseri Produce CompanyCourt of Appeals for the Seventh Circuit · 1969
  4. Canright v. General Finance CorporationDistrict Court, E.D. Illinois · 1940
  5. Neuger v. Casgar (In Re Randall Construction, Inc.)District Court, N.D. Ohio · 1981

11 more not listed; retrieve them via the Exa API.

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