S. J. Marx Company's Trustee v. Marx

Opinion of the Court by

Commissioner Sandidge

Reversing.

Prior to January 5,1922, S. J. Marx Company, a corporation, had engaged in the wholesale grocery business in Lexington, Ky. On that date it filed a voluntary petition in bankruptcy. Appellant, W. B. Martin, thereafter was elected trustee in bankruptcy and qualified as such. In that capacity he instituted this action in the Payette circuit court to recover as assets of the bankrupt corporation $1,000 paid by it to appellee Guaranty Bank & Trust Company, on December 30,1921; $1,750 paid by it to the' saíne bank on December 31, 1921; and…