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Davis, Agent, v. L. L. Cohen & Company, Inc.

• 1924 • 268 U.S. 638 • Taft Court
The U.S. Supreme Court case Davis, Agent v. L.L. Cohen & Company, Inc., 1924 revolved around a dispute over the interpretation of the Bankruptcy Act in relation to preferential transfers and their potential nullification by bankruptcy trustees. The respondent, L.L Cohen & Co., had received payment from an insolvent debtor within four months prior to filing for bankruptcy - a period during which such payments could be deemed as preferential under certain conditions according to Section 60b of...Open Case
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Chief Taft Court
Term: 1924
Docket: 331
268 U.S. 638
45 S. Ct. 633
69 L. Ed. 1129
1925 U.S. LEXIS 799
Argued: Apr 21, 1925

Davis, Agent, v. L. L. Cohen & Company, Inc.

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Opinion Summary
AI Abstract

The U.S. Supreme Court case Davis, Agent v. L.L. Cohen & Company, Inc., 1924 revolved around a dispute over the interpretation of the Bankruptcy Act in relation to preferential transfers and their potential nullification by bankruptcy trustees. The respondent, L.L Cohen & Co., had received payment from an insolvent debtor within four months prior to filing for bankruptcy - a period during which such payments could be deemed as preferential under certain conditions according to Section 60b of the Bankruptcy Act. The petitioner (Davis), acting as trustee for the bankrupt party's estate, sought recovery of these funds arguing that they constituted a voidable preference because they enabled Cohen & Co to receive more than it would have in case of liquidation proceedings under Chapter VII of said act. However, upon review, the Supreme Court ruled against Davis' claim stating that not all payments made during this four-month window automatically qualify as preferences; rather it must be proven that at least some degree of insolvency existed when making these transactions and also resulted in creditors receiving more than what is due under normal circumstances or procedures outlined by law.

Dissent Summary
AI Abstract

The dissenting opinion in the case of Davis, Agent v. L.L. Cohen & Company, Inc., argued that the majority's decision to uphold a lower court ruling was incorrect due to their interpretation of the law and its application in this particular case. The dissenting justices believed that there were significant errors made by the lower courts which should have been rectified by overturning their decisions rather than affirming them. They contended that these errors included misinterpretations of legal principles and precedents as well as factual inaccuracies within evidence presented during trial proceedings. Furthermore, they disagreed with how certain laws were applied in relation to contract obligations between parties involved in this dispute over payment for goods delivered under wartime contracts regulated by federal authorities.

Opinion written by Justice ETSanford
Decided: Jun 08, 1925
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