Flohr
Jackson v. Flohr
Opinion
Dissenting Opinion
Bone, J.
(dissenting).
I disagree with Judge FEE on several propositions of law expressed in his prevailing opinion and therefore dissent.
Lead Opinion
Fee, J.
Jackson, Trustee for Dale R. Peterson & Co., Inc., a bankrupt building contractor, sought in this cause in a United States District Court to recover under Washington statutes moneys previously received by the Flohrs, metal fabricators and subcontractors, who had furnished labor and materials on two jobs for which the Peterson company was the general contractor.
The Trustee chose to ground his attack upon the Flohrs under 11 U.S.C.A. § 110 , sub. e(l), which gives a trustee the right :to recover any money transferred under circumstance, which rendered the transaction voidable by state law. 1 The Trustee, having a choice of forum, filed this action in federal rather than state court.
Specifically, the Trustee sought $2,-424.50, received by the Flohrs on account of Peterson’s “Williamson job,” and $730.00, ,on account of the “Joe Favre job,” before .the adjudication of bankruptcy of Peterson company. The particular statute of the State of Washington relied upon is found in Sections 23.-48.010(1) and (3) and 23.48.030 of Remington Code of Washington, which read as follows:
On May 16, 1952, Peterson company suffered the appointment of a receiver in a Washington state court. (This…