In re Jones
District Court, D. Massachusetts
In Bankruptcy; On review of referee’s decision. The following is the opinion-pf Warner, Referee: Lovett, the creditor, worked for Jones, the debtor, during a part of the .year 1895 and to September 3, 1S96, on which date there was a balance due Lovett for wages of $175, for which amount Jones gave his demand note, on which cash payments have been made as follows: November. 14, 1890, $10; December 26, 1896, $5; January 16, 1897, $5; April 23, 1898, $10, — amounting in all to…
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In Bankruptcy; On review of referee’s decision. The following is the opinion-pf Warner, Referee: Lovett, the creditor, worked for Jones, the debtor, during a part of the .year 1895 and to September 3, 1S96, on which date there was a balance due Lovett for wages of $175, for which amount Jones gave his demand note, on which cash payments have been made as follows: November. 14, 1890, $10; December 26, 1896, $5; January 16, 1897, $5; April 23, 1898, $10, — amounting in all to $30, and leaving a balance due on the note, with interest to the date of the filing of the petition, March 14, 1900, of…
1Opinion of the Court
LOWELL, District Judge.
In these cases the creditors seeking to prove have, according to the decision in Re Ft. Wayne Electric Corp., 3 Am. Bankr. R. 634, 99 Fed. 400, received preferences, unless the fact that the payments were received more than four months before the petition was filed takes them out of the scope of the decision. It was there held that a preference must be surrendered before the creditor could prove, even though he had no cause to believe that a preference was intended. The decision went largely upon the ground that the preference to be surrendered was not that limited in…
2Cases cited1 opinion
- Columbus Electric Co. v. WordenCourt of Appeals for the Seventh Circuit · 1900
3Cited by2 opinions
- In re Abraham Steers Lumber Co.District Court, S.D. New York · 1901
- In re ChaplinDistrict Court, D. Massachusetts · 1902