Root Mfg. Co. v. Johnson
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Action by Elwyn R. Johnson, trustee in bankruptcy of the Warren Construction Company, against the Root Manufacturing Company. Judgment for plaintiff, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Action by Elwyn R. Johnson, trustee in bankruptcy of the Warren Construction Company, against the Root Manufacturing Company. Judgment for plaintiff, and defendant brings error. Plaintiff in error, the Boot Manufacturing Company, seeks to reverse a judgment for $6,658.31, recovered by Johnson, as trustee in bankruptcy of Warren Construction Company, on account of a preferential payment of $6,-447.67, with interest thereon. The action was tried before the court on waiver of a jury. The…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). [1 '• The judgment against the plaintiff in error rests entirely on the proposition, that the payment of $6,447.67, accepted by it in settlement of its claim of lien, constitutes a preferential payment obtained from the bankrupt in violation of section 60 of the Bankruptcy Act. It was received by the claimant within four months prior to the proceedings in bankruptcy against the debtor (Warren Construction Company) and with knowledge of the fact of the bankrupt’s insolvency, so that the plaintiff in error cannot escape liability therefor to the trustee as…
2Cases cited10 opinions
- Walker v. BrownSupreme Court of the United States · 1897
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
- Johnson v. Root Manufacturing Co.Supreme Court of the United States · 1916
- Dinkelspiel v. WeaverDistrict Court, W.D. Arkansas · 1953
- In re Floyd-Scott Co.District Court, D. Massachusetts · 1915
10 more not listed; retrieve them via the Exa API.