Rodolf, Trustee v. First Nat. Bank of Tulsa
Supreme Court of Oklahoma
Error from District Court, Tulsa County; L. M. Poe, Judge. Action by Frank M. Rodolf, trustee in bankruptcy of A. Psihos and another, doing business as Psihos Bros., against the First National Bank of Tulsa and another, to recover an alleged voidable preference under Bankr. Act July 1, 1898, and amendment thereto approved February 5, 1903. From a judgment for defendants on demurrer to the second amended petition, plaintiff brings error.
1Opinion of the Court
Opinion by
SHARP, C.
Plaintiff’s amended petition attempted to fix a liability and base a recovery under the provisions of paragraph 15, sec. 1, c. 1; sections 60a, 60b, c. 6, and section 67, subd. f, c. 7, of “An act to establish a uniform system of bankruptcy throughout the United States.” Sections 60a and 60b were amended by section 13 of the Act Feb. 5, 1903, 32 Stat. L. 799, 800 (U. S. Comp. St. Supp. 1909, p. 1314). The sufficiency, then, of plaintiff’s amended petition must be tested by the requirements contained in the foregoing sections of the bankruptcy law in force August 5, 1907,…
2Cases cited35 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Grant v. National BankSupreme Court of the United States · 1878
- Sigafus v. PorterSupreme Court of the United States · 1900
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
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3Cited by3 opinions
- McIntosh v. Bank of Salt LakeUtah Supreme Court · 1970
- Wilson, Sheriff v. CooperCourt of Appeals of Kentucky (pre-1976) · 1926
- MacDonald v. HaynesSupreme Court of Oklahoma · 1924