Legal Opinion

Cunningham v. Brown

Supreme Court of the United States

Decided April 28, 1924No. 213PublishedCited by 381 opinions

CERTIORARI TO THE CIRCUIT COURT OE APPEALS EOR THE FIRST CIRCUIT. Certiorari to review decrees of the Circuit Court of Appeals affirming decrees of the District Court which dismissed the bills in six suits, brought by the trustees of a bankrupt, under § 60b of the Bankruptcy Act, to recover payments made by the bankrupt, upon the ground that they were unlawful preferences.

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CERTIORARI TO THE CIRCUIT COURT OE APPEALS EOR THE FIRST CIRCUIT. Certiorari to review decrees of the Circuit Court of Appeals affirming decrees of the District Court which dismissed the bills in six suits, brought by the trustees of a bankrupt, under § 60b of the Bankruptcy Act, to recover payments made by the bankrupt, upon the ground that they were unlawful preferences. The fraud in these cases consisted in Ponzi’s receiving the respondent’s money when he was hopelessly insolvent, he knowing the fact and concealing his condition from the respondents, innocent depositors. In re Stewart, 178…

1Opinion of the CourtChief Justice Taet

These were six suits in equity brought by the trustees in bankruptcy of Charles Ponzi to recover of the defendants sums paid them by the bankrupt within four months prior to the filing of the petition in bankruptcy, on the ground that they were unlawful perferences. All the trustees have died or resigned pending the litigation, and Cunningham, having been substituted for the last survivor, is now the sole trustee. The actions were tried together in the District Court, and were argued together in the Circuit Court of Appeals, and all the bills were dismissed in both courts. The facts and…

2Cases cited8 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Schuyler v. LittlefieldSupreme Court of the United States · 1914
  3. Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
  4. Clarke v. RogersSupreme Court of the United States · 1913
  5. In re MulliganDistrict Court, D. Massachusetts · 1902

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3Cited by381 opinions

  1. Robert J. Guidry v. Bank of Laplace, Etc.Court of Appeals for the Fifth Circuit · 1992
  2. Janvey v. AlguireCourt of Appeals for the Fifth Circuit · 2011
  3. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
  4. SHARP, Stanley L. v. COOPERS & LYBRAND, AppellantCourt of Appeals for the Third Circuit · 1981
  5. Warfield v. ByronCourt of Appeals for the Fifth Circuit · 2006

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