De Forrest v. Crane & Ordway Co.
Montana Supreme Court
Appeal from District Cou/rt, Cascade County; J. B. Leslie, Judge. Action by Byron De Forrest, as trustee in bankruptcy, of George Wilson, bankrupt, against the Crane & Ordway Company. Judgment for plaintiff. There is no evidence that the bankrupt “made a transfer.” While the Bankruptcy Act provides that a payment may be a transfer, it still is required that the bankrupt himself should make the payment.
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Appeal from District Cou/rt, Cascade County; J. B. Leslie, Judge. Action by Byron De Forrest, as trustee in bankruptcy, of George Wilson, bankrupt, against the Crane & Ordway Company. Judgment for plaintiff. There is no evidence that the bankrupt “made a transfer.” While the Bankruptcy Act provides that a payment may be a transfer, it still is required that the bankrupt himself should make the payment. (Remington on Bankruptcy, 2d ed., sec. 1329). The evidence relating to the active part which the bankrupt had in the making of these payments was insufficient to justify the jury in finding…
1Opinion of the CourtChief Justice Brantlt
This action was brought by plaintiff, as trustee in bankruptcy of George Wilson, to recover from the defendant certain sums of money paid to it by debtors of Wilson within four months prior to the filing of the petition in bankruptcy, whereby, it is alleged, the defendant obtained unlawful preferences over other creditors. The petition was filed by several creditors of Wilson on November 11, 1914, and he was adjudged a bankrupt on January 11, 1915.
During the years 1913 and 1914 Wilson was conducting the business of a plumber at Great Falls. He secured- subcontracts from contractors and…
2Cases cited6 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- In re LeechCourt of Appeals for the Sixth Circuit · 1909
- Benedict v. . DeshelNew York Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Irving Trust Co. v. Metro-Goldwyn-Mayer Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Worden v. MorigeauMontana Supreme Court · 1920