Rotan Grocery Co. v. West
This text of 246 F. 685 (Rotan Grocery Co. v. West) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are of opinion that tire evidence adduced well supported the conclusions that the transfer made by the bankrupt to the appellant a few days before the petition in bankruptcy was filed was a payment on an account which then no longer was an open one, and was made under such circumstances as to constitute it an illegal preference, with the result that the appellant was not entitled to have what was owing to -it from the bankrupt set off against the payment so made.. Mechanics’ Bank v. Ernst, 231 U. S. 60, 34 Sup. Ct. 22, 58 L. Ed. 121. The complaint against the decree appealed from is not sustainable.
That decree is affirmed.
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Cite This Page — Counsel Stack
246 F. 685, 158 C.C.A. 641, 1917 U.S. App. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rotan-grocery-co-v-west-ca5-1917.