Cooper v. Miller
Court of Appeals for the Sixth Circuit
Appeal from, and Petition to Review, an Order of the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Petition by A. R. Cooper, trustee in bankruptcy of the New Galt House, against W. Scott Miller, to expunge certain claims because of an alleged preference.
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Appeal from, and Petition to Review, an Order of the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Petition by A. R. Cooper, trustee in bankruptcy of the New Galt House, against W. Scott Miller, to expunge certain claims because of an alleged preference. From a decree affirming a referee’s order denying the claimant’s right of subrogation and lien, but reversing so much of the order as disallowed a certain balance as a general claim, etc., the trustee appeals, and files a petition for review.
1Opinion of the Court
WARRINGTON, Circuit Judge.
The only question contested is whether the trustee can treat as a voidable preference, and so recover of Miller, $2,056.50 which he, as president and manager of the bankrupt company, within four months of the bankruptcy, paid out of its funds to himself on account of a loan previously made by him to the company. The New Galt House Company, a corporation, was ad*384judged bankrupt and the trustee was elected in April, 1911. Miller became president and manager of the company April 1, 1910. He owned over 300 shares of its capital stock, and, while president, appears to have…
2Cases cited6 opinions
- Matter of LovingSupreme Court of the United States · 1912
- Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913
- Barnes v. PampelCourt of Appeals for the Sixth Circuit · 1912
- Martin v. Globe Bank & Trust Co. of PaducahCourt of Appeals for the Sixth Circuit · 1912
- In re F. M. & S. Q. CarlileDistrict Court, D. North Carolina · 1912
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3Cited by1 opinion
- Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913