Keith v. Gettysburg National Bank

Citations

• 23 Pa. Super. 14
• 1903 Pa. Super. LEXIS 3

Syllabus

<p>Bankruptcy — Federal bankrupt law — Preference—Intention—Evidence—• Province of court and jury.</p> <p>In an action by a trustee in bankruptcy to recover money paid by the bankrupt to a creditor within four months from the filing of the petition in bankruptcy, binding instructions in favor of the defendant are proper where there is no evidence from which the jury could find that the defendant knew or had reasonable cause to believe that the payments by the bankrupt were intended to give a preference. The law presumes the payments made by the bankrupt were legal, and the burden of proof is on the trustee to overcome this presumption.</p>