Tredway v. Kaufman

Citations

• 21 Pa. Super. 256
• 1902 Pa. Super. LEXIS 346

Syllabus

<p>Bankruptcy — Bankrupt act of 1898, sec. 60 — Preference—Evidence— Interest.</p> <p>In an action by a trustee of a bankrupt to recover an amount of money alleged to have been paid as a preference in violation of the 60lh section of the national bankrupt act, a witness may be permitted to testify to an interview had by him with the bankrupt and the defendant seven months prior to the giving of the preference, where it appears that from the date of the interview to the date of the preference the defendant had a more or less intimate connection with and knowledge of the affairs of the bankrupt.</p> <p>Where a person claims a legal set-off under the terms of clause (c) of section 60 of the bankrupt act, it is necessary for such person to show specifically that the payment became “ a part of the debtor’s estate.” It must be. shown that the estate was benefited in some way by the payment.</p> <p>In an action by the trustee of a bankrupt to recover an amount alleged to have been paid by the bankrupt to a creditor as a preference, interest cannot be charged until demand made, and if no demand was made, interest vvill only be payable from the date of the suit.</p>