Legal Opinion
Kolkman v. Manufacturers' Trust Co.
Court of Appeals for the Second Circuit
Decided July 30, 1928No. 294PublishedCited by 16 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The state statute upon which the plaintiff relies to invalidate the payment reads as follows:
“Sec. 15. * * * No conveyance, assignment or transfer of any property of any such corporation by it or by any officer, director or stockholder thereof, nor any payment made, judgment suffered, lien created or security given by it or by any officer, director or stockholder when the corporation is insolvent, or its insolvency is imminent, with the intent of giving a preference to any particular creditor over other creditors of the corporation, shall be valid. * * * Every person…
2Cases cited16 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Benedict v. RatnerSupreme Court of the United States · 1925
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Elliotte v. American Sav. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1927
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Donald Katz, Trustee in Bankruptcy of Oakland Foundry Company of Belleville, Illinois, Inc. v. The First National Bank of Glen HeadCourt of Appeals for the First Circuit · 1978
- Matters v. Manufacturers' Trust Co.Court of Appeals for the Second Circuit · 1932
- Bielaski v. National City Bank of New YorkDistrict Court, S.D. New York · 1932
- Bank of Commerce & Trusts v. HatcherCourt of Appeals for the Fourth Circuit · 1931
11 more not listed; retrieve them via the Exa API.