Lathrop Bank of Lathrop v. Holland
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Action :by Ell Holland, trustee in bankruptcy of William Francis, against the Lathrop Bank of Lathrop, Mo., to annul a voidable preference. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
HOOK, Circuit Judge.
At the suit of the trustee in bankruptcy
the District Court annulled as a voidable preference a chattel mortgage taken by the bank the day before the petition in bankruptcy was filed and decreed a recovery of the value of the mortgaged property. Regarding the mortgage alone and the immediate circumstances, there is no dortbt that all the conditions of a voidable preference existed.. The bankrupt was hopelessly insolvent and the bank knew a preference was intended and would result. We agree with the trial court that the pleadings and evidence establish the following facts:
Whe…
2Cases cited2 opinions
- In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
- Citizens' Trust Co., of Paterson v. TiltCourt of Appeals for the Third Circuit · 1912
3Cited by5 opinions
- In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
- Farmers' & Merchants' Sav. Bank v. PriceCourt of Appeals for the Eighth Circuit · 1924
- In re New York & Baltimore Inland Transp. Co.District Court, D. Delaware · 1921
- In re PittmanDistrict Court, E.D. North Carolina · 1921
- In re ThomasDistrict Court, N.D. Georgia · 1922