IN RE O'BRIEN

No. 433.

40 F.2d 554 (1930)

In re O'BRIEN. RODGERS v. NATIONAL CITIZENS' BANK.

District Court, D. Minnesota, Second Division.

April 23, 1930.


Attorney(s) appearing for the Case

Todd, Fosnes & Green, of St. Paul, Minn., for plaintiff.

W. A. Doerr, of Mankato, Minn., for defendant.


SANBORN, District Judge.

The action is at law to recover an alleged preference. The bankrupt, until the summer of 1928, operated a store at Mankato. At that time he had articles of incorporation signed, filed, and published, as required by law, and thereafter continued in the same business as M. J. O'Brien, Inc. Aside from an entry in the books, no formal transfer of assets to the corporation was made; no capital stock was issued; no meetings of directors or stockholders...

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