In re Curtis
Court of Appeals for the Seventh Circuit
Appeal frqm the. District Court of the United States for the Southern District of Illinois. In bankruptcy. On August 11, 1898, the bankrupts, who are surviving partners of Levi H. Henry, deceased, doing business as the Bank of Waverly, in the Southern district oí Illinois, made a voluntary assignment for the benefit of their creditors, under the statutes of the state of Illinois (2 Starr & 0. Ann.
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Appeal frqm the. District Court of the United States for the Southern District of Illinois. In bankruptcy. On August 11, 1898, the bankrupts, who are surviving partners of Levi H. Henry, deceased, doing business as the Bank of Waverly, in the Southern district oí Illinois, made a voluntary assignment for the benefit of their creditors, under the statutes of the state of Illinois (2 Starr & 0. Ann. St. [2d Kd.'l i>. 2174 et seq., c. 72, §§ 87-61), to Ausben W. Bengal, who duly qualified and entered upon the discharge of his duties, and, pursuant to section 88 of the chapter, notified creditors…
1Opinion of the CourtJenkins, Circuit Judge
We do not find occasion upon this appeal to deal with the interesting' and important question determined by the court below, — whether upon the going into- .effect of the bankrupt law a general assignment for the benefit of creditors under a state law is void, or voidable merely upon attack by creditors through proceedings in bankruptcy, for upon other grounds we are of opinion that the adjudication was correct. The question is one not free from difficulty, and one upon which the courts are not wholly at agreement. In re Gutwillig, 90 Fed. 475, affirmed upon appeal in 92 Fed. 337; In re…
2Cases cited4 opinions
- Robb v. VosSupreme Court of the United States · 1894
- Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
- In re GutwilligDistrict Court, S.D. New York · 1898
3Cited by15 opinions
- Simonson v. SinsheimerCourt of Appeals for the Sixth Circuit · 1899
- Moulton v. CoburnCourt of Appeals for the First Circuit · 1904
- Ohio Motor Car Co. v. Eiseman Magneto Co.Court of Appeals for the Sixth Circuit · 1916
- Fisher v. Bank Leumi Trust Co. of New York (In Re MacFarlane Webster Associates)United States Bankruptcy Court, S.D. New York · 1990
- Canner v. Webster Tapper Co.Court of Appeals for the First Circuit · 1909
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