Legal Opinion
Marks v. Goodyear Rubber Sundries, Inc.
Court of Appeals for the Second Circuit
Decided November 13, 1956No. 42, Docket 24078PublishedCited by 10 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This appeal presents a narrow issue, namely, whether the defendant, a creditor of the bankrupt, had reasonable cause to believe that its debtor was insolvent at the time when merchandise purchased from it was returned for credit against the bankrupt's account.
The facts are not in dispute. On December 27, 1954, one week before filing a voluntary petition in bankruptcy, the bankrupt returned to defendant goods having an invoice value of $2,903 which defendant had sold to the bankrupt on credit on November 19, 1954. After credit was given for the returned merchandise, there…
2Cases cited5 opinions
- Merchants' National Bank v. CookSupreme Court of the United States · 1877
- Pender v. Chatham Phenix Nat. Bank & Trust Co.Court of Appeals for the Second Circuit · 1932
- In re AndrewsDistrict Court, D. Massachusetts · 1905
- Bossak & Co. v. CoxeCourt of Appeals for the Fifth Circuit · 1922
- Yarm v. WhitcupDistrict Court, E.D. New York · 1931
3Cited by10 opinions
- Constructora Maza, Inc. v. Banco De PonceCourt of Appeals for the First Circuit · 1980
- In the Matter of Prs Products, Inc., Bankrupt. James H. Herzog, Trustee in Bankruptcy of Prs Products, Inc. v. Mandan Security BankCourt of Appeals for the Eighth Circuit · 1978
- Engelkes v. Farmers Co-Operative CompanyDistrict Court, N.D. Iowa · 1961
- Dean v. Planters National Bank of HughesDistrict Court, E.D. Arkansas · 1959
- Marks v. Goodyear Rubber SundriesCourt of Appeals for the Second Circuit · 1956
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