Breit v. Moore
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the First Division of the Northern District of California. Action by William H. Moore, Jr., trustee in bankruptcy of Philip T. Davidson, against H. Breit, to recover a preference. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
ROSS, Circuit Judge.
The judgment here in contest is a judgment of a bankruptcy court for the recovery of money from an unsecured creditor of a bankrupt, found to have been unlawfully paid to him within four months immediately preceding the adjudication in bankruptcy, as a preference over the other unsecured creditors. The contention is that the court below was without jurisdiction of the suit, and that the defendant to it was entitled to a jury trial upon the question as to whether or not the payments received by him from the bankrupt constituted an unlawful preference over the other…
2Cases cited2 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Hicks v. KnostSupreme Court of the United States · 1900
3Cited by19 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Irving Trust Co. v. FrimittDistrict Court, S.D. New York · 1932
- Triangle Electric Co. v. FoutchCourt of Appeals for the Eighth Circuit · 1930
- In Re FlorsheimDistrict Court, S.D. California · 1938
- In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
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