Wild v. Provident Life & Trust Co., 214 U.S. 292 (1909)

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Joseph Wild & Company v. Provident Life & Trust Company


No.190
Argued April 29, 1909
Decided May 24, 1909
214 U.S. 292

APPEAL FROM THE CIRCUIT COURT OF
APPEALS FOR THE THIRD CIRCUIT

Syllabus

Where a creditor, who had no knowledge of the debtor’s insolvency, has a claim upon an open account for goods sold and delivered during the period of four months before the adjudication in bankruptcy, the account being made of debts and credits, leaving a net amount due from the bankrupt estate, the payments made under such circumstance do not constitute preferences which the creditor is bound to surrender before proving his claim. Yaple v. Dahl-Millikan Grocery Co., 193 U.S. 526, followed; Pirie v. Trust Co., 182 U.S. 438, distinguished.

153 F. 562 reversed.

The facts are stated in the opinion.