In re Virginia Hardwood Mfg. Co.
District Court, W.D. Arkansas
In Bankruptcy. On review, upon petition of W. R. Abbott, of the action of Referee R. H. Southmayd in disallowing his claim, upon objections of W. J. Fleming, trustee, as a preferred claim against the Virginia Hardwood Manufacturing Company, bankrupt.
1Opinion of the Court
ROGERS, District Judge.
The claim, of W. R. Abbott is based upon a judgment of foreclosure of a mortgage in the state court, and no objection is made as to the form of the proof, or as to the amount of the judgment. The objections of the trustee are as follows :(1) That the mortgage given by the bankrupt herein was given within four months preceding date of filing petition to secure the payment of an antecedent or subsisting debt, said bankrupt being insolvent at the time of the execution and delivery of said mortgage, and same is therefore void as to creditors, and a preference.(2) That said…
2Cases cited13 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Hackney v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1903
- Pollock v. JonesCourt of Appeals for the Fourth Circuit · 1903
- Benedict v. . DeshelNew York Court of Appeals · 1903
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3Cited by7 opinions
- Stern v. PaperDistrict Court, D. North Dakota · 1910
- Harrison v. Merchants Nat. BankCourt of Appeals for the Eighth Circuit · 1942
- Stuart v. Farmers Bank of Cuba CityWisconsin Supreme Court · 1908
- Bassett v. EvansCourt of Appeals for the Eighth Circuit · 1918
- First Bank of Maysville v. AlexanderSupreme Court of Oklahoma · 1915
2 more not listed; retrieve them via the Exa API.