In re Starkweather & Albert
District Court, W.D. Missouri
In the matter of bankruptcy proceedings of Starkweather & Albert, a copartnership composed of Herbert Starkweather and John Albert. Application to set aside an alleged voidable preference to the National Bank of Webb City, Mo. On review of a referee’s order in favor of the trustee.
1Opinion of the Court
POPE, District' Judge.
Starkweather & Albert, the bankrupts, borrowed $10,000 in the fall of 1910 from the National Bank of Webb City, Mo. There was no further amount borrowed, but the notes representing the transaction were renewed from time to time without any payments, except perhaps interest, thereon, so that in December, 1911, the original indebtedness still existed. Upon December 7, 1911, a note for $2,500, representing part of the original loan, fell due, and the cashier of the bank requested Starkweather & Albert to pay it, threatening to charge it against their account if they did not…
2Cases cited10 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Coder v. McPhersonCourt of Appeals for the Eighth Circuit · 1907
- Germania Savings Bank & Trust Co. v. LoebCourt of Appeals for the Sixth Circuit · 1911
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3Cited by6 opinions
- Fifth Nat. Bank of New York v. LyttleCourt of Appeals for the Second Circuit · 1918
- Blue v. Herkimer Nat. BankCourt of Appeals for the Second Circuit · 1929
- First Nat. Bank of El Centro v. HarperCourt of Appeals for the Ninth Circuit · 1918
- Leo P. McKee as Trustee of the Estate of Seaboard Glass Co., Bankrupt v. Sidney F. Hood, Roger Sefton, and First National Bank in Fort LauderdaleCourt of Appeals for the First Circuit · 1963
- Robie v. Myers Equipment Co.District Court, D. Minnesota · 1953
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