Legal Opinion

Chisholm v. First National Bank

Appellate Court of Illinois

Decided October 16, 1914Published

Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Heard in this court at the October term, 1913. Certiorari allowed by Supreme Court.

1Opinion of the Court

Mr. Presiding Justice Thompson

delivered the opinion of the court.

This is an action of assumpsit brought by John Y. Chisholm, trustee in bankruptcy of the Clark Grain & Elevator Company, against the First National Bank of Leroy to recover the amount of an alleged unlawful preference under the provisions of the Bankruptcy Act. The declaration contains several counts alleging in various ways that while the Clark Grain & Elevator Company, hereinafter called the Grain Company, was insolvent and within four months prior to its being adjudicated a bankrupt, the defendant received from it a transfer…

2Cases cited6 opinions

  1. Ernst v. Mechanics' & Metals Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1912
  2. In re V. & M. Lumber Co.District Court, N.D. Alabama · 1910
  3. Leathe v. ThomasIllinois Supreme Court · 1905
  4. Wheatley, Buck & Co. v. Chicago Trust & Savings BankIllinois Supreme Court · 1897
  5. In re Mayo Contracting Co.District Court, D. Massachusetts · 1907

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