Legal Opinion
Martin v. A. Y. McDonald Manufacturing Co.
Supreme Court of Minnesota
Decided May 29, 1924No. 23,994PublishedCited by 6 opinions
1Opinion of the CourtNibble, J.
Action by William A. Martin, as trustee in bankruptcy of Newton Zeek, to avoid as preferential a chattel mortgage and bill of sale given by the bankrupt to the defendant. There was a trial to the court and judgment for the defendant. The plaintiff appeals.
Under section 60a of the bankrupt act a transfer by the debtor while insolvent within four months of bankruptcy, if the effect is “to enable any one of his- creditors to obtain a greater percentage of his debt than any other such creditors of the same class,” is preferential; and by section 60b the trustee may recover the preference or its…
2Cases cited13 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Stewart v. PlattSupreme Court of the United States · 1879
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Walbrun v. BabbittSupreme Court of the United States · 1873
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Edward R. Kenneally, Trustee of Reed Plumbing, Heating and Air-Conditioning, Inc. v. First National Bank of AnokaCourt of Appeals for the First Circuit · 1969
- C.A. Swanson & Sons Poultry Company v. William A. Wylie, Trustee in Bankruptcy for the Manuel Delatorre D/B/A R & M Egg Farms, BankruptCourt of Appeals for the Ninth Circuit · 1956
- Musk v. BurkCourt of Appeals for the Seventh Circuit · 1932
- Burk v. MuskDistrict Court, E.D. Illinois · 1931
- Scott v. Builder Marts of America, Inc.District Court, D. South Carolina · 1971
1 more not listed; retrieve them via the Exa API.