Landry v. Andrews
Supreme Court of Rhode Island
Assumpsit brought by a trustee in bankruptcy under section 60 (b) of the bankrupt act of 1898. The sections of the act considered by the court are: Section 60 (a) — “A person shall be deemed to have given a preference if, being insolvent, he has made a transfer of any of his property and the effect of the 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.”
Read the full summary
Assumpsit brought by a trustee in bankruptcy under section 60 (b) of the bankrupt act of 1898. The sections of the act considered by the court are: Section 60 (a) — “A person shall be deemed to have given a preference if, being insolvent, he has made a transfer of any of his property and the effect of the 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 60 (b) — -“If a bankrupt shall have given a preference within four months before the filing of a petition, and the person receiving it…
1Opinion of the CourtStiness, C. J.
The first count, of the declaration sets out that the plaintiff is the trustee in bankruptcy of the firm of Carter & Baker; that the defendant was a creditor of Baker in February, 1900, and that said Baker, with the knowledge of the defendant, withdrew and took from the funds of said firm -the sum of five hundred dollars, which was received by the defendant; that subsequently said Carter & Baker, being insolvent, were adjudged bankrupt and the plaintiff appointed trustee; that the defendant had reasonable cause to believe that it was intended by such payment to give him a preference over…
2Cases cited1 opinion
- Bartholow v. BeanSupreme Court of the United States · 1874
3Cited by10 opinions
- Swarts v. SiegelCourt of Appeals for the Eighth Circuit · 1902
- Kobusch v. HandCourt of Appeals for the Eighth Circuit · 1907
- Watchmaker v. BarnesCourt of Appeals for the First Circuit · 1919
- Cohen v. GoldmanCourt of Appeals for the First Circuit · 1918
- Goldberg v. HarlanIndiana Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.