Legal Opinion · Dissent

Stuart v. Farmers Bank of Cuba City

Wisconsin Supreme Court

Decided November 27, 1908Published

Appeal from a judgment of tbe circuit court for La Crosse county: J. J. Fbuit, Circuit Judge. One Ealpb B. Luekey was on tbe 5tb day of February, 1907, adjudged bankrupt upon an involuntary petition filed January 18, 1907. For years be bad been a general merchant at Cuba City, doing bis banking business with tbe defendant, and for some time bad also been treasurer of tbe school district.

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Appeal from a judgment of tbe circuit court for La Crosse county: J. J. Fbuit, Circuit Judge. One Ealpb B. Luekey was on tbe 5tb day of February, 1907, adjudged bankrupt upon an involuntary petition filed January 18, 1907. For years be bad been a general merchant at Cuba City, doing bis banking business with tbe defendant, and for some time bad also been treasurer of tbe school district. Early in 1895 Luekey was indebted to tbe bank in tbe sum of about $4,000. He also was in arrears to tbe school district, having shortly before received $10,000 of school district money, deposited tbe same in…

1Dissent

- TimxiN, J.

(dissenting). “If a bankrupt shall have given a preference within four months . . . and the person receiving it or to be benefited thereby . . . shall have had reasonable cause to believe that it was intended thereby to give a preference it shall be voidable by the trustee, and he may recover,” etc. Subd. b, sec. 60, Bankr. Act July 1, 1898 (ch. 541, 30 U. S. Stats, at Large, 562, U. S. Comp. Stats. 1901, p. 3445). The trial court in its instructions to the jury construed this statute with reference to its words and with reference to pre-existing rules of law to mean that' neither…

2Cases cited16 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Grant v. National BankSupreme Court of the United States · 1878
  3. McClure v. Township of OxfordSupreme Court of the United States · 1877
  4. Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
  5. In re EggertCourt of Appeals for the Seventh Circuit · 1900

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