Crooks v. People's National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Franklin county. Action by George W. Crooks, as trustee in bankruptcy, against the People’s National Bank of Malone. From an interlocutory judgment sustaining a demurrer to the complaint (60 N. Y. Supp. 305), plaintiff appeals. Reversed.
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Appeal from special term, Franklin county. Action by George W. Crooks, as trustee in bankruptcy, against the People’s National Bank of Malone. From an interlocutory judgment sustaining a demurrer to the complaint (60 N. Y. Supp. 305), plaintiff appeals. Reversed. The complaint sets forth: That on the 17th day of February, 1899, Howard E. King and William H. King, composing the co-partnership of H. E. King & Son, filed their petition, both as individuals and as members of said co-partnership, in bankruptcy, which petition was granted, and that such proceedings were thereupon had that the…
1Opinion of the CourtHerrick, J.
The bankruptcy act provides as follows:
“Sec. 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.
*607“Sec. 60b. If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the…
2Cases cited1 opinion
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
3Cited by6 opinions
- Marion State Bank v. GossettIndiana Supreme Court · 1911
- Mathews v. HardtAppellate Division of the Supreme Court of the State of New York · 1903
- 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
- Dodson v. LumpkinDistrict Court, W.D. Virginia · 1962
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