Mackel v. Bartlett
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Alexander Mackel, as trustee in bankruptcy of tbe estate of Fredrick.A. Bartlett, against Henry R. Bartlett, to recover an alleged preference made to defendant by tbe bankrupt. From a judgment for defendant, and an order denying plaintiff a new trial, be appeals.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Alexander Mackel, as trustee in bankruptcy of tbe estate of Fredrick.A. Bartlett, against Henry R. Bartlett, to recover an alleged preference made to defendant by tbe bankrupt. From a judgment for defendant, and an order denying plaintiff a new trial, be appeals. The question presented for determination is whether from tbe .evidence before the court, the finding of the trial court to the effect that the defendant at the time of such preference did not have reasonable cause to believe that a preference was…
1Opinion of the CourtJustice Holloway
On February 4, 1899, and for some time prior thereto, Frederick A. Bartlett was engaged in the mercantile business in Butte. On February 4th he sold his entire stock of goods to Ras Rochester. At that time he was indebted to the First National Bank of Butte in the sum of $1,500, which indebtedness was evidenced by a promissory note upon which his brother, Henry R. Bartlett, this defendant and respondent, was surety. Immediately after the sale Frederick A. Bartlett gave Henry R, Bartlett a check, signed by Rochester, for something over $1,530, with directions to -pay the indebtedness to the…
2Cases cited6 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Barbour v. PriestSupreme Court of the United States · 1881
- Des Moines Savings Bank v. Morgan Jewelry Co.Supreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First Nat. Bank v. AbbottCourt of Appeals for the Eighth Circuit · 1908