Rogers v. Fidelity Savings Bank & Loan Co.
District Court, W.D. Arkansas
Action by J. W. Rogers, as trustee in bankruptcy of A. C. Reifel, against tbe Fidelity Savings Bank & Loan Company and another to recover an alleged preference. Judgment for plaintiff as against the Fidelity Savings Bank & Loan Company alone. In this case the jury was waived, and the case submitted to the court, sitting as a jury.
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Action by J. W. Rogers, as trustee in bankruptcy of A. C. Reifel, against tbe Fidelity Savings Bank & Loan Company and another to recover an alleged preference. Judgment for plaintiff as against the Fidelity Savings Bank & Loan Company alone. In this case the jury was waived, and the case submitted to the court, sitting as a jury. The court finds the following facts: A. G. Reifel prior and during the year 1904 was a merchant doing business at the town of Rogers, in Be'n-ton county, Ark. Early in October, 1904, he also opened a store at Benton-ville, in the same county. On January 5, 1905, his…
1Opinion of the CourtRogers, District Judge
(after staling the facts as above). On this finding of facts the court declares tile law in favor of the plaintiff, as against the defendant bank; and that the cause of action is not barred by the statute of limitations. This court finds that Reifel was insolvent when lie sold to Jackson. In the light of the facts, no other conclusion could be reached than to hold that Reifel at the time of the sale knew that he was insolvent. If he knew it, providing, as he did, for the full payment of the defendant bank, he knew he could not provide for the full payment of his other creditors. Therefore,…
2Cases cited10 opinions
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Long v. LongSupreme Court of Missouri · 1897
- Karnes v. American Fire InsuranceSupreme Court of Missouri · 1898
- Hardy v. GrayCourt of Appeals for the First Circuit · 1906
- Louisville Nat. Banking Co. v. Pfaffinger's TrusteeDistrict Court, W.D. Kentucky · 1906
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3Cited by3 opinions
- United States Fire Ins. Co. v. SwydenSupreme Court of Oklahoma · 1935
- Jackson v. Prairie Oil & Gas Co.Supreme Court of Kansas · 1924
- First Bank of Maysville v. AlexanderSupreme Court of Oklahoma · 1915