Fourth Nat. Bank of Wichita v. Smith
Court of Appeals for the Eighth Circuit
Petition to Revise Order of and Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. In the matter of the Cox-Blodgett Dry Goods Company, bankrupt.
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Petition to Revise Order of and Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. In the matter of the Cox-Blodgett Dry Goods Company, bankrupt. From an order of the District Court denying the claim of the Fourth National Bank of Wichita, Kan., against O. Z. Smith, as trustee in bankruptcy, unless the bank would pay to the trustee the amount of the bankrupt’s deposits set off by it against the indebtedness, the bank appeals, and also petitions to revise the order.
1Opinion of the Court
BOOTH, District Judge.
By appeal, and also by petition to revise, reversal is sought of the order of the District Court disallowing the unsecured claim of the bank against the estate of Cox-Blodgett Dry' Goods Company, bankrupt, except upon the condition that the bank return to the estate the sum of $8,698.40, which sum was found by the court to have been received by the bankrupt as an unlawful preference. The following facts are not in dispute:
On and prior to August 30, 1913, the Cox-Blodgett Dry Goods Company, hereinafter called the company, was in the wholesale dry goods business in…
2Cases cited11 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
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- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
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- Doggett v. Chelsea Trust Co.Court of Appeals for the First Circuit · 1934
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