Bardes v. First National Bank of Hawarden
Supreme Court of Iowa
Appeal - from Sioux District Court. — Hon. (xeor&e W. WaKefield, Judge. ActioN by plaintiff, as trustee of Frank T. Walker, a bankrupt, to set aside a conveyance of property made within four months preceding the filing of the petition in bankruptcy. Decree for defendants. Plaintiff appeals.
1Opinion of the Court
McClain, J.-
It is provided in section 60b of the national bankruptcy law (Acts July 1, 1898, Chapter 541, 30 statute 562 .[IT. S. Comp. St. 1901, p. 3445]) that: “If a bankrupt shall have given a preference within four months before the filing of a petition, * * * and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover' the property or its value from such person.” The preference alleged in this case consisted of a…
2Cases cited6 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Chipman v. McClellanMassachusetts Supreme Judicial Court · 1893
- Matthews v. ChaboyaCalifornia Supreme Court · 1896
- Holcombe v. EhrmanntrautSupreme Court of Minnesota · 1891
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3Cited by4 opinions
- In re GaylordDistrict Court, N.D. New York · 1915
- Stuart v. Farmers Bank of Cuba CityWisconsin Supreme Court · 1908
- Utah Ass'n of Credit Men v. Boyle Furniture Co.Utah Supreme Court · 1911
- Ferguson v. Lederer, Strauss & Co.Supreme Court of Iowa · 1905