Lovell v. Latham & Co.
District Court, S.D. Alabama
In Equity. Action by W. S. Lovell, trustee in bankruptcy of Knight, Yancey & Co., against Latham- & Co., in which Knauth, Nachod & Kuhne filed a cross-bill. On motion to dismiss cross-bill. Sustained.
1Opinion of the Court
TOULMIN, District Judge.
This suit is one in which the trustee in bankruptcy, representing all creditors of the bankrupt estate, seeks *376to recover property, or a fund representing said property, which it is alleged and claimed was preferentially transferred to the defendants Latham & Co. by the bankrupts; Knight, Yancey & Co., in payment of an indebtedness to said Latham & Co. The suit seeks to avoid the alleged preferential transfer, and to recover the said fund to be administered by the bankrupt court for the benefit of all creditors of the bankrupts.
[1, 2] A preference is voidable by the…
2Cases cited16 opinions
- Glenny v. LangdonSupreme Court of the United States · 1878
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Ayres v. CarverSupreme Court of the United States · 1855
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
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3Cited by5 opinions
- Neuberger v. FelisSupreme Court of Alabama · 1919
- Rosenthal v. Bronx Nat. BankDistrict Court, S.D. New York · 1915
- Phillips v. Walker-Craig Co.Court of Appeals of Texas · 1936
- Weidman Lumber Co. v. SpearMichigan Supreme Court · 1945
- Williams v. McDonaldIndiana Court of Appeals · 1935