Plummer v. Myers

Citations

• 137 F. 660
• 1905 U.S. Dist. LEXIS 231

Syllabus

<p>1. Bankkuptcy—Recovery of Preferences—Defenses.</p> <p>Where a creditor of an insolvent who had sold him goods on credit through an agent took back certain of said, goods as a credit immediately before the debtor’s bankruptcy, and with reasonable cause to believe and know that he was insolvent, and that a preference was intended, it is no defense to an action by the debtor’s trustee to recover the value of such goods as a preference that the creditor’s agent, by a collateral agreement with him, had guarantied payment of part of the indebtedness, and that the credit was applied on such part</p> <p>2. Same.</p> <p>Where the statement of claim in an action by a trustee in bankruptcy to recover an unlawful preference, under Bankr. Act July 1, 1898, c. 541, § 60b, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445], alleges that the preference was received by defendant through an agent who had reasonable cause to believe apd know that the debtor was insolvent and that it was thereby intended to give a preference, an averment in the affidavit of defense that defendant had no personal knowledge of the actual insolvency of the debtor states no defense.</p>