Legal Opinion

Eau Claire National Bank v. Jackman

Supreme Court of the United States

Decided February 25, 1907No. 163PublishedCited by 19 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. 'This action was brought by defendant in error, hereafter called 'the. trustee, in the Circuit Court of Eau Claire County,' State of Wisconsin, against the plaintiff in error, hereafter called the bank, under section 605 of the bankrupt act of 1898, to recover the. value of property which, it' is alleged, was transferred by- the bankrupt to the bank, for the purpose of giving;the latter a preference, over other creditors.

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ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. 'This action was brought by defendant in error, hereafter called 'the. trustee, in the Circuit Court of Eau Claire County,' State of Wisconsin, against the plaintiff in error, hereafter called the bank, under section 605 of the bankrupt act of 1898, to recover the. value of property which, it' is alleged, was transferred by- the bankrupt to the bank, for the purpose of giving;the latter a preference, over other creditors. Judgment was recovered by the trustee, which, oil appeal, was affirmed by-the Supreme -Court .of the Staté. 125…

1Opinion of the CourtJustice McKenna

A motion is made to dismiss on the ground that the record presents nothing but questions of fact. It is contended that neither in the pleadings of the bank nor in any way was any right, privilege or immunity under a Federal statute specifically set up or claimed in the state courts. The only questions presented by the pleadings, it is urged, were, did the bankrupt give the bank a preference, and did the bank accept it with reasonable grounds to believe that a preference was intended? The Supreme Court, however, considered the pleadings to have broader meaning, and answered some of the…

2Cases cited3 opinions

  1. Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
  2. Nutt v. KnutSupreme Court of the United States · 1906
  3. Rector v. City Deposit Bank Co.Supreme Court of the United States · 1906

3Cited by19 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
  2. Brown v. GerdesSupreme Court of the United States · 1944
  3. St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of the United States · 1913
  4. Adams v. ChampionSupreme Court of the United States · 1935
  5. Marion State Bank v. GossettIndiana Supreme Court · 1911

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