Soper v. International Harvester Co. of America
Supreme Court of Iowa
Appeal from Story District Court. — E. M. MoCall, Judge. Aotion by plaintiff, trustee, to recover about $3,000 paid by tbe bankrupt to tbe defendant at different times, and in different amounts, within four months next preceding tbe bankruptcy. It is alleged that this constituted a preference, and plaintiff seeks to recover it. Tbe trial court found for defendant. Plaintiff appeals. —
1Opinion of the CourtPeeston, J.
Vinsel was adjudged a bankrupt January 29, 1919. It is contended by appellee, and tbe trial court so found, that tbe plaintiff bad not met tbe burden, and shown that the payments were made with knowledge on tbe part of defendant, or with a reasonable cause to believe that tbe collection by it of its claims against the bankrupt would effect a preference. Tbe evidence on behalf of plaintiff consists almost entirely of the testimony of tbe bankrupt, who now appears to desire that all bis creditors should be paid equally. He testifies, among other things, that he bad told three representatives of…
2Cases cited8 opinions
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- Jaquith v. AldenSupreme Court of the United States · 1903
- American Laundry Machinery Co. v. Everybody's LaundrySupreme Court of Iowa · 1919
- Burnham v. Fort Dodge Grocery Co.Supreme Court of Iowa · 1909
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3Cited by4 opinions
- Dwight v. HornSupreme Court of Iowa · 1932
- Stark v. WhiteSupreme Court of Iowa · 1932
- Boone v. SpagnuoloMichigan Supreme Court · 1936
- Starr v. Detroit BankMichigan Supreme Court · 1941