Cree v. Bradley's Bank
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. C. W. Vermillion, Judge. This is an action by the plaintiff, as trustee in bankruptcy, to recover of the defendant bank money paid to the said bank by the bankrupt as a preferred payment within four months next preceding the adjudication of bankruptcy. Verdict and judgment for the plaintiff, and the defendant appeals. —
1Opinion of the Court
Evans, C. J.- —
In January, 1906, Janies H. Stevens was adjudicated a bankrupt. On October 18, 1905, he paid to the defendant bank the sum of '$1,400 on a debt owing by him to said bank. The plaintiff alleged, and defendant denied that it had any knowledge or reasonable cause to believe that such payment was intended as a preference, and this denial presented the only issue of fact in the case.
The. bankrupt was a hardware dealer in the town of Mystic, and had been indebted to the bank in various amounts for a long period of time. On October 16, 1905, he sold his stock of hardware in lump to…
2Cases cited4 opinions
- Crary v. KurtzSupreme Court of Iowa · 1906
- Deland v. Miller & Cheney BankSupreme Court of Iowa · 1903
- Cronk v. Wabash RailroadSupreme Court of Iowa · 1904
- Roney v. ConableSupreme Court of Iowa · 1904