Yaple v. Dahl-Millikan Grocery Co.

Citations

• 193 U.S. 526
• 24 S. Ct. 552
• 48 L. Ed. 776
• 1904 U.S. LEXIS 893

Syllabus

<p>Where a creditor has a claim, for a balance due against an insolvent debtor afterwards adjudicated a bankrupt, upon an open aceount for goods sold and delivered four months before the adjudication in bankruptcy, and during said period makes a number of sales of merchandise on credit to the insolvent debtor, which becomes a part of the debtor’s estate, and during the same period receives payments of sums on account, from time to time, which payments are. received in good faith without knowledge of the debtor’s insolvency on the part of the creditor, the sales exceeding in amount during said period the payments made during the same time, he has not received a preference which he is obliged to surrender before his claim shall be allowed. Jaquith v. Alden, 189 U. S. 78.</p>