Patterson v. Baker Grocery Co.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. Statement by Mr. Justice Moore. This is an action by W. L. Patterson, as trustee in bankruptcy of tbe estate of Mrs. George W. Mutcb (Julia A. Mutch), a bankrupt, against the Baker Grocery Company, a corporation, to recover from a creditor of the estate the proceeds of property sold upon execution issued upon a judgment which it is alleged was suffered by the bankrupt while insolvent, and secured by the creditor whose agent had reasonable…
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From Baker: Gustav Anderson, Judge. Statement by Mr. Justice Moore. This is an action by W. L. Patterson, as trustee in bankruptcy of tbe estate of Mrs. George W. Mutcb (Julia A. Mutch), a bankrupt, against the Baker Grocery Company, a corporation, to recover from a creditor of the estate the proceeds of property sold upon execution issued upon a judgment which it is alleged was suffered by the bankrupt while insolvent, and secured by the creditor whose agent had reasonable cause to believe that by the legal proceedings thus employed it was intended thereby to gain a preference. The facts…
1Opinion of the CourtJustice Moore
It is contended that an error was committed in refusing to grant a judgment of nonsuit. The questions to be considered on this branch of the case are whether or not the testimony received was sufficient to authorize a submission of the cause to the jury; was Mrs. Mutch insolvent October 10, 1913, when her property was attached in the action instituted by the defendant; and, if so, did its agents have reasonable cause to believe that the enforcement of the judgment would effect a preference? In addition to the property so sold on execution, it appears from a copy of Mrs. Mutch’s petition in…
2Cases cited3 opinions
- Toof v. MartinSupreme Court of the United States · 1871
- Western Tie & Timber Co. v. BrownCourt of Appeals for the Eighth Circuit · 1904
- Willamet Falls Canal & Lock Co. v. KellyClackamas County Circuit Court, Oregon · 1869
3Cited by1 opinion
- In re CohnDistrict Court, N.D. Texas · 1936