Baden v. Bertenshaw

Citations

• 68 Kan. 32
• 74 P. 639

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>1. Practice, Supreme Couet — Assignments of Error. .Rulings of a trial court not assigned as error in the petition in error will not be considered by this court.</p> <p>2. Pbactice, District Court — General Objection to Evidence Waived. An objection to the introduction of any evidence under the petition because of the omission of the allegation of certain material facts is waived if evidence be introduced on the trial to prove such facts without objection.</p> <p>3. Bankruptcy — Preferential Payment. An action by a trustee in bankruptcy to recover an alleged preferential payment made by the insolvent is not an action to recover on the ground of fraud.</p> <p>4. -Recovery of Preferential Payment — Conditions Precedent. Before a trustee in bankruptcy can recover an alleged preferential payment to a creditor he must prove that the payment was made within the time prohibited by the statute; that it was intended as a preference; that the person receiving it had reasonable 'ground to belie.ve that it was so intended; and that the effect of such payment was to enable such creditor to obtain a greater percentage of his debt than other creditors of the same class.</p>