PATRICK v. RICE

No. 6719.

98 F.2d 550 (1938)

PATRICK v. RICE.

Circuit Court of Appeals, Third Circuit.

July 12, 1938.


Attorney(s) appearing for the Case

W. Denning Stewart, M. Leon Tolochko, and Stewart & Lewis, all of Pittsburgh, Pa., for appellant.

A. E. Kountz, Kountz & Fry, Frank W. Stonecipher, and Stonecipher & Ralston, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and DICKINSON, District Judge.


DICKINSON, District Judge.

This case may be viewed as an action by a Trustee in Bankruptcy to avoid preferential payments made by a debtor who was afterwards adjudged a bankrupt. The cause of action rests upon the Bankruptcy Statute which in effect avoids all transfers of property within the prohibitive period which results in a preference. The test in effect is whether the creditor receiving payment knew or had reasonable ground for believing, that the debtor was...

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