Bassett v. Evans
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the 'District of Kansas. Petition to Revise Order of the District Court of the United States for the District of Kansas. In the matter of the bankruptcy of D'ave Phillips. Petition by George R. Bassett, trustee in bankruptcy, against herd Evans and others to set aside a mortgage as a preference. From a decree denying the petition, the trustee appeals, and also petitions to revise.
1Opinion of the Court
AMIDON, District Judge.
[1] This was a proceeding brought.by Bassett, as trustee *in bankruptcy of Dave Phillips, to set aside a mortgage as a preference. The referee and the trial court denied the petition and sustained the mortgage. The trustee brings the case into this court both by petition and appeal. As he seeks a review of the facts, appeal is the proper remedy, and the petition is dismissed.
[2] The controlling facts are as follows:
In 1910 Phillips, the bankrupt, purchased a stock of drugs and fixtures at Coldwater, Kan., for $4,000, all of which was secured by a chattel mortgage hack…
2Cases cited9 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- Coder v. McPhersonCourt of Appeals for the Eighth Circuit · 1907
- Grandison v. National Bank of CommerceCourt of Appeals for the Second Circuit · 1916
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3Cited by11 opinions
- Cusick v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1940
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
- Brown Shoe Co. v. CarnsCourt of Appeals for the Eighth Circuit · 1933
- Meyer v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1924
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