Legal Opinion
Hussey v. Richardson-Roberts Dry Goods Co.
Court of Appeals for the Eighth Circuit
Decided October 16, 1906No. 2,365PublishedCited by 19 opinions
Appeal from the District Court of the United States for the District of Kansas.
1Opinion of the Court
ADAMS, Circuit Judge.
The only question in this case is whether a just demand held by Richardson-Roberts Dry Goods Company against the bankrupt, Sowers, and secured by chattel mortgage, should be allowed as a secured or general debt against the estate. That depends upon whether the mortgage constituted a voidable preference under the provisions of the bankruptcy act of 1898 as amended. Section 60 (a) of that act (act July 1, 1898, c. '541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]) defines a preference as follows:
“A person shall be deemed to have given a preference if, being insolvent, he…
2Cases cited12 opinions
- Toof v. MartinSupreme Court of the United States · 1871
- Dutcher v. WrightSupreme Court of the United States · 1877
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Cheney v. BilbyCourt of Appeals for the Eighth Circuit · 1896
- In re Rome Planing MillDistrict Court, N.D. New York · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- Mastin v. NobleCourt of Appeals for the Eighth Circuit · 1907
- Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914
- In re PeacockU.S. Circuit Court for the District of Eastern North Carolina · 1910
- Karn v. AndresenCourt of Appeals for the Eighth Circuit · 1932
14 more not listed; retrieve them via the Exa API.