Legal Opinion

Heldman v. Central Trust Co.

Court of Appeals for the Seventh Circuit

Decided October 5, 1920No. 2432PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. In the matter of the Fred D. Jones Company, bankrupt; the Central Trust Company of Illinois, trustee. From a decree approving a finding of the master that he had received an illegal preference, Julius N. Heldmau appeals.

1Opinion of the Court

BAKER, Circuit Judge.

Appellant assails the trial court’s approval of the master’s finding that appellant received an illegal preference.

Nothing is directly involved but two questions of fact: Did the liabilities of the Jones Company exceed the fair value of its assets when appellant took security for an antecedent debt? Did appellant then have reasonable cause to believe that the Jones Company was insolvent ?

Witnesses testified orally before the master. Then, in order to follow and verify or reject conflicting arguments of counsel, the master caused the evidence to be reduced to writing. With…

2Cases cited4 opinions

  1. Kimberly v. ArmsSupreme Court of the United States · 1889
  2. J. W. Butler Paper Co. v. GoembelCourt of Appeals for the Seventh Circuit · 1905
  3. In re CoddingtonDistrict Court, M.D. Pennsylvania · 1902
  4. Louisiana Nat. Life Assur. Society v. SegenDistrict Court, E.D. Louisiana · 1912

3Cited by10 opinions

  1. Langham, Langston & Burnett v. Thomas B. Blanchard, Trustee of the Estate of Lone Star Sulphur Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1957
  2. Utility Stationery Stores, Inc. v. American Portfolio (In Re Utility Stationery Stores, Inc.)United States Bankruptcy Court, N.D. Illinois · 1981
  3. Mitchell v. Investment Securities Corp.Court of Appeals for the Fifth Circuit · 1933
  4. Glosband v. Watts Detective Agency, Inc.District Court, D. Massachusetts · 1981
  5. Allstate Fabricators Corp. v. Flagstaff Foodservice Corp. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1986

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