Legal Opinion
Latrobe v. J. H. Cross Co.
District Court, E.D. Pennsylvania
Decided November 21, 1928No. 4421PublishedCited by 2 opinions
1Opinion of the Court
The Pleadings.
DICKINSON, District Judge.
This action was brought to recover from the defendant payments made within four months of bankruptcy by a debtor on a pre-existing debt. This cause of action is based on clause (b) of section 60 of the Bankruptcy Act (11 USCA § 96).
The defense is a denial of all fact aver-ments upon which the right of recovery is based other than the fact of the payments; a denial that some of the payments were within the four months period; an averment that a $4,000 payment was not a payment on a past-due indebtedness, but a current cash payment; and the averment of a…
2Cases cited12 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Whitney v. DresserSupreme Court of the United States · 1906
- Walker v. WilkinsonCourt of Appeals for the Fifth Circuit · 1924
- Stern v. PaperDistrict Court, D. North Dakota · 1910
- First Nat. Bank v. AbbottCourt of Appeals for the Eighth Circuit · 1908
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3Cited by2 opinions
- Ray v. Gulf Oil Products (In Re Blanton Smith Corp.)United States Bankruptcy Court, M.D. Tennessee · 1984
- Olsen-Frankman Livestock Marketing Service, Inc. v. Citizens National BankDistrict Court, D. Minnesota · 1980