Babbitt v. Kelley
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hem. Franklin Ferris, Judge. (1) “If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee and he may recover the…
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Appeal from St. Louis City Circuit Court. — Hem. Franklin Ferris, Judge. (1) “If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee and he may recover the property or its value from such person.” Bankruptcy Act (1898), sec. 60. (2) ‘ ‘ The exchange of securities within four…
1Opinion of the CourtGoode, J.
Edward H. "Weiler formerly conducted a saloon in the city of St. Louis, on the stock and fixtures of which he executed a mortgage May 16, 1900, to secure notes for five hundred dollars, to the defendant Kelly from whom he had borrowed that sum of money. Said mortgage was not filed for record until April 27,1901, Weiler in the meantime remaining in possession of the saloon and property and continuing the "business, but making payments from time to time on the notes, until by April 19, 1901, he had reduced the balance due to one hundred and seventy-five dollars. In the latter month his license…
2Cases cited4 opinions
- Rogers v. PalmerSupreme Court of the United States · 1880
- Landis v. McDonaldMissouri Court of Appeals · 1901
- State Savings Bank v. BuckSupreme Court of Missouri · 1894
- Sage v. WyncoopSupreme Court of the United States · 1881
3Cited by5 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- In re Virginia Hardwood Mfg. Co.District Court, W.D. Arkansas · 1905
- Pew v. PriceSupreme Court of Missouri · 1913
- Edwards v. Carondelet Milling Co.Missouri Court of Appeals · 1904