Luther Yaple v. Grocery Company

Decision Date04 April 1904
Docket NumberNo. 181,DAHL-MILLIKAN,181
PartiesLUTHER B. YAPLE, Trustee in Bankruptcy of Hannah L. Weltner, Doing Business as Hannah Weltner & Son, v. GROCERY COMPANY
CourtU.S. Supreme Court

Mr. William T. McClintick for the trustee in bankruptcy.

No counsel opposed.

THE CHIEF JUSTICE:

Two questions are propounded by this certificate, namely:

'1. Where a creditor has a claim for a balance due against an insolvent debtor afterwards adjudicated a bankrupt, upon an open account 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,—has the creditor, under such circumstances, received a preference which he is obliged to surrender before his claim shall be allowed under the bankrupt act?

'2. If each of such payments is a preference under the act, is it to be set off under § 60c1 of the act by deducting subsequent sales therefrom, carrying forward to the next payment any excess of preferences, but not of sales, treating any excess of preferences as thus ascertained as a sum to be surrendered before the allowance of the creditor's claim?'

The first question is answered in the negative on the authority of Jaquith v. Alden, 189 U. S. 78, 47 L. ed. 717, 23 Sup. Ct. Rep. 649; and the second need not be answered.

Certified accordingly.

To continue reading

Request your trial
25 cases
  • In re Ford, Bankruptcy No. 88-00168
    • United States
    • United States Bankruptcy Courts. Second Circuit. U.S. Bankruptcy Court —District of Vermont
    • March 31, 1989
    ...value of the estate, do not constitute preferential transfer under section 60a."), and reaffirmed in Yaple v. Dahl-Millikan Grocery Co., 193 U.S. 526, 24 S.Ct. 552, 48 L.Ed. 776 (1904) and Joseph Wild & Co. v. Provident Life & Trust Co., 214 U.S. 292, 29 S.Ct. 619, 53 L.Ed. 1003 Since Jaqui......
  • In re Fulghum Const. Corp., 81-3040.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee
    • September 18, 1981
    ...See Joseph Wild & Co. v. Provident Life & Trust Co., 214 U.S. 292, 29 S.Ct. 619, 53 L.Ed. 1003 (1909); Yaple v. Dahl-Millikan Grocery Co., 193 U.S. 526, 24 S.Ct. 552, 48 L.Ed. 776 (1904); Jaquith v. Alden, 189 U.S. 78, 23 S.Ct. 649, 47 L.Ed. 717 (1903); Federal International Banking Co. v. ......
  • In re Fulghum Const. Co., Bankruptcy No. 380-00235
    • United States
    • United States Bankruptcy Courts. Sixth Circuit. U.S. Bankruptcy Court — Middle District of Tennessee
    • November 28, 1980
    ...under § 60(a). 189 U.S. at 83, 23 S.Ct. at 651. The Court's decision in Jaquith was reaffirmed in Yaple v. Dahl-Millikan Grocery Co., 193 U.S. 526, 24 S.Ct. 552, 48 L.Ed. 776 (1904), and in Joseph Wild & Co. v. Provident Life & Trust Co., 214 U.S. 292, 29 S.Ct. 619, 53 L.Ed. 1003 (1909). Al......
  • In re Frigitemp Corp., 81 Civ. 3172 (ADS)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 29, 1983
    ...S.Ct. 619, 53 L.Ed. 1003 (1909) (preferential transfers occurring prior to 1903 amendment of § 57(g)); Yaple v. Dahl-Millikan Grocery Co., 193 U.S. 526, 24 S.Ct. 552, 48 L.Ed. 776 (1904); Jaquith v. Alden, 189 U.S. 78, 23 S.Ct. 649, 47 L.Ed. 717 (1903). The effect of the net result rule was......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT