Burt v. Keyes
U.S. Circuit Court for the District of Northern Ohio
In equity. Henry ICeyes was a partner in the firm of Keyes, White & Co. *His son, Martin Keyes, was also a member of that firm. Henry Keyes, being a man of wealth, loaned his name in order to obtain credit for the firm. The other members had but little financial standing. On the 8th of February, 1858, their liabilities were $54,800, when the firm failed.
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In equity. Henry ICeyes was a partner in the firm of Keyes, White & Co. *His son, Martin Keyes, was also a member of that firm. Henry Keyes, being a man of wealth, loaned his name in order to obtain credit for the firm. The other members had but little financial standing. On the 8th of February, 1858, their liabilities were $54,800, when the firm failed. On the 28th of February, 1858, Henry Keyes conveyed to his two sons, Henry and Elias H. Keyes, all his unencumbered real estate, and gave them ten years in which to pay for it. He well knew of the embarrassed condition of the firm, for be had…
1Opinion of the Court
WILLSON, District Judge.
The two important inquiries involved in the case are: 1st— Was the sale made by Henry Keyes to his two sons, on the 2Sth of February, 1858. a fraudulent sale as to his creditors, and 2nd— If the sale was fraudulent, then have these complainants any prior equities over the other creditors of Henry Keyes by virtue of this proceeding in chancery, or do his creditors all stand upon equal footing under the operation of the 17th section of the act of the Ohio legislature, regulating assignments, passed April 6, 1859. 56 St. p. 225.
Fraud is not to be considered as a simple…
2Cases cited18 opinions
- Ober v. GallagherSupreme Court of the United States · 1876
- Ward v. ToddSupreme Court of the United States · 1881
- Union Mutual Life Insurance v. University of ChicagoUnited States Circuit Court · 1881
- Owens v. Ohio Cent. R.U.S. Circuit Court for the District of West Virginia · 1884
- Andrews v. SmithUnited States Circuit Court · 1881
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3Cited by3 opinions
- East Tennessee, V. & G. R. Co. v. Atlanta & F. R. Co.U.S. Circuit Court for the Southern District of Georgia · 1892
- Fidelity Trust Co. v. Gill Car Co.United States Circuit Court · 1885
- Mann v. AppelU.S. Circuit Court for the Southern District of Georgia · 1887