WERTZ v. NATIONAL CITY OF EVANSVILLE, IND.

No. 7016.

115 F.2d 65 (1940)

WERTZ v. NATIONAL CITY BANK OF EVANSVILLE, IND. In re McFERSON & FOSTER CO.

Circuit Court of Appeals, Seventh Circuit.

May 9, 1940.


Attorney(s) appearing for the Case

Floyd C. Williams and John H. Druffel, Jr., both of Cincinnati, Ohio, for appellant.

Isidor Kahn, Edmund F. Ortmeyer, and Daniel H. Ortmeyer, all of Evansville, Ind., for appellee.

Before SPARKS and TREANOR, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

This is an action at law which seeks to avoid preferential payments made by the debtor to the defendant bank. The complaint contains sixty-four paragraphs, and is brought under section 60, sub. b, of the Bankruptcy Act, 11 U.S.C.A. § 96, sub. b. An answer of nine paragraphs was filed. The first was a general denial, the others pleaded setoff, and the eighth paragraph was based upon the case, being a running account of mutual debts or credits...

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