Smith v. Powers
District Court, N.D. New York
At Law. This is an action brought by George K. Smith, as trustee in bankruptcy of the Ruddy & Saunders Construction Company, a bankrupt, against Thomas F. Powers, to recover of him the sum of $18,824.-15, besides interest, paid by said Construction Company to said Powers, or to his duly authorized agent, in payment of certain notes of said company given to or held by said Powers and amounting to $13,824.-15, and in payment for certain legal services rendered by said Powers…
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At Law. This is an action brought by George K. Smith, as trustee in bankruptcy of the Ruddy & Saunders Construction Company, a bankrupt, against Thomas F. Powers, to recover of him the sum of $18,824.-15, besides interest, paid by said Construction Company to said Powers, or to his duly authorized agent, in payment of certain notes of said company given to or held by said Powers and amounting to $13,824.-15, and in payment for certain legal services rendered by said Powers to said company, amounting to the sum of $5,000, and which payments, it is claimed, were made within four months of the…
1Opinion of the Court
RAY, District Judge.
This action was tried before this court with a jury, and the jury, in answer to written questions submitted to it, found that at the time the Ruddy & Saunders Construction Company paid by its check to Thomas E. Powers the several sums of money shown by the evidence to have been paid in February and March, 1916, aggregating in amount the sum of $18,824.15, said Ruddy & Saunders Construction Company was insolvent, or that its insolvency 'was imminent, within the meaning of the state statute. The court had found and held as matter of law under the proof that when such…
2Cases cited19 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Grant v. National BankSupreme Court of the United States · 1878
- Grandison v. RobertsonCourt of Appeals for the Second Circuit · 1916
- Winsted Bank v. . WebbNew York Court of Appeals · 1868
- Brookheim v. GreenbaumCourt of Appeals for the Second Circuit · 1915
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3Cited by8 opinions
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- Kolkman v. Manufacturers' Trust Co.Court of Appeals for the Second Circuit · 1928
- Baxter v. Continental Illinois National Bank & Trust Co. of ChicagoAppellate Court of Illinois · 1940
- Boone v. Merchants' & Farmers' BankDistrict Court, E.D. North Carolina · 1922
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