Carey v. Donohue
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS FOR THE . SIXTH CIRCUIT. The facts, which involve the construction and application of § 60 of the Bankruptcy Act and the validity' of a • judgment setting aside transfers made more than four' months before the petition, are stated ip the opinion.
1Opinion of the CourtJustice Hughes
This suit was brought by a trustee in bankruptcy to set aside a transfer made by the bankrupt of certain real estate. Upon appeal from a decree in favor of the trustee, it was held by the Circuit Court of Appeals that the case had been tried, and the decree was based, upon the theory of preference voidable under the Bankruptcy Act, and for the purpose of appropriate amendment to conform the bill to the proof, the decree was reversed and the cause was remanded. 209 Fed. Rep. 328. The amendment was made accordingly, and the decree was reentered and affirmed. 213 Fed. Rep. 1021.
The petition in…
2Cases cited1 opinion
- Humphrey v. TatmanSupreme Court of the United States · 1905
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