Legal Opinion

Mary K. Aulick, and Cross-Appellee v. Flournoy L. Largent, Jr., Trustee for Ansel B. Solenberger, Bankrupt, and Cross-Appellant v. Eldridge M. Lemley

Court of Appeals for the Fourth Circuit

Decided October 2, 1961No. 8240PublishedCited by 32 opinions

1Opinion of the Court

BOREMAN, Circuit Judge.

The District Court, reviewing and affirming the findings and conclusions of the referee in bankruptcy, held that a transfer of shares of corporate stock to one Eldridge M. Lemley by an insolvent, within four months prior to bankruptcy, as security for the contemporaneous endorsement by Lemley of insolvent debt- or’s note payable to Lemley and delivered to a creditor, Mrs. Mary K. Aulick, in satisfaction of a debt then due her from the insolvent, resulted in a voidable preference to Mrs. Aulick. This appeal followed. We are of the opinion that, on principle, we must…

2Cases cited27 opinions

  1. Dean v. DavisSupreme Court of the United States · 1917
  2. National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
  3. Ernst v. Mechanics' & Metals Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1912
  4. Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
  5. CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930

22 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Mack v. NewtonCourt of Appeals for the Fifth Circuit · 1984
  2. In the Matter of Compton Corp., Debtor. Walter Kellogg, Trustee v. Blue Quail Energy, Inc., and Mbank Abilene, N.A.Court of Appeals for the Fifth Circuit · 1988
  3. Philip I. Palmer, Jr., Etc. v. Radio Corporation of AmericaCourt of Appeals for the Fifth Circuit · 1971
  4. Moran Bros., Inc. v. W. R. Yinger, Trustee, Admiral Oils, Inc., an Oklahoma CorporationCourt of Appeals for the Tenth Circuit · 1963
  5. Paul F. Kapela v. Samuel NewmanCourt of Appeals for the First Circuit · 1981

27 more not listed; retrieve them via the Exa API.

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