Crooks v. People's National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George W. Crooks, as trustee in bankruptcy of the estates of Howard E. King and of the firm of H. E. King & Son, bankrupts, from an interlocutory-judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Franklin on the 12th day of September, 1899, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, sustaining the defendant’s demurrer to the amended complaint upon…
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Appeal by the plaintiff, George W. Crooks, as trustee in bankruptcy of the estates of Howard E. King and of the firm of H. E. King & Son, bankrupts, from an interlocutory-judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Franklin on the 12th day of September, 1899, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, sustaining the defendant’s demurrer to the amended complaint upon the ground that it does not state facts sufficient to constitute a cause of aption. The complaint .sets forth that on…
1Opinion of the Court
Herrick, J.:
The Bankruptcy Act provides as follows:
Section 60a. “A person shall be deemed to have given-a preference if, being insolvent, he. has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.”
Section 60b. “If a bankrupt shall have given a preference within four months before the tiling of a petition, or after the…
2Cases cited1 opinion
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
3Cited by9 opinions
- Marion State Bank v. GossettIndiana Supreme Court · 1911
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Crooks v. People's National Bank of MaloneAppellate Division of the Supreme Court of the State of New York · 1902
- Utah Ass'n of Credit Men v. Boyle Furniture Co.Utah Supreme Court · 1913
- Grandison v. National Bank of Commerce of RochesterDistrict Court, W.D. New York · 1915
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