Bunday v. Huntington
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Action by Fred G. Huntington, as trustee in bankruptcy of Gideon N. Carlson and Adolph P. Rosdahl, against Ansel E. Sunday and another. There was a judgment for plaintiff, and .defendants brings error.
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In Error to the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Action by Fred G. Huntington, as trustee in bankruptcy of Gideon N. Carlson and Adolph P. Rosdahl, against Ansel E. Sunday and another. There was a judgment for plaintiff, and .defendants brings error. This is an action at law instituted by the defendant in error against the plaintiffs in error, who will ha referred to herein as the “plaintiff” and “defendants,” as they were in the court below, to recover an alleged preference. The plaintiff is the trustee in bankruptcy of Carlson &'…
1DissentReed, District Judge
I am unable to concur in the conclusion reached in -the foregoing opinion.
By the agreement of April 14th, the bankrupts agreed on completion of the sale to give the defendants a chattel mortgage upon the stock of merchandise purchased by them from the defendants as security for the purchase price thereof, and to keep such stock insured in the sum of $5,000 for the benefit of the defendants. April 26th, a mortgage was made pursuant to that agreement in which, however, some changes were made in regard to sales to be made by the bankrupts in the ordinary course of their business, satisfactory to…
2Cases cited24 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Walker v. BrownSupreme Court of the United States · 1897
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
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