Reardon v. Rock Island Plow Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern Division of the Southern District of Illinois, in Bankruptcy.
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Appeal from the District Court of the United States for the Northern Division of the Southern District of Illinois, in Bankruptcy. The appellant, as trustee of the estate of Frank Drown, a bankrupt, died his bill in the District Court — and later an amended bill on leave of the court--against the appellee, Hock Island Plow Company, for accounting and recovery for personal properly obtained by the appellee from the bankrupt, two days prior to the bankruptcy adjudication, in alleged derogation of rights thereto now vested in such trustee; and this appeal is from a decree dismissing the bill, as…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). The sufficiency of the bill and amended bill filed by the appellant, as trustee in bankruptcy, to charge the appellee with accountability for receiving a preference within the terms of the bankruptcy act, is unquestioned; and the only issue for review is whether the facts set up in the appellee’s plea are sufficient to avoid such charge, as the trial court ruled thereupon. That the contracts and defaults averred in the plea justified the taking or retaking of the property in question, as between the appellee and the bankrupt, may not be doubted. Under the…
2Cases cited3 opinions
- First Nat. Bank of Baltimore v. StaakeSupreme Court of the United States · 1906
- Gilbert v. National Cash Register Co.Illinois Supreme Court · 1898
- Frink v. PrattIllinois Supreme Court · 1889
3Cited by6 opinions
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
- In Re Burgemeister Brewing Co.Court of Appeals for the Seventh Circuit · 1936
- Michael Yundt Co. v. PhillipsCourt of Appeals for the Seventh Circuit · 1936
- Standard Oil Co. of New York v. StevensSupreme Court of Vermont · 1930
- In re HargroveDistrict Court, S.D. Alabama · 1945
1 more not listed; retrieve them via the Exa API.