Hutchins v. Taylor
U.S. Circuit Court for the District of Rhode Island
This case came before the court upon an adjourned question in bankruptcy from the district court of Rhode Island, upon a petition by Theodore Hutchins to have George W. Taylor and Benjamin F. Taylor deereed-bankrupts. The act of bankruptcy, alleged to have been committed, was “making a fraudulent conveyance, assignment, sale, and other • transfer of their lands, tenements, goods, chattels, and evidences of debt.”
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This case came before the court upon an adjourned question in bankruptcy from the district court of Rhode Island, upon a petition by Theodore Hutchins to have George W. Taylor and Benjamin F. Taylor deereed-bankrupts. The act of bankruptcy, alleged to have been committed, was “making a fraudulent conveyance, assignment, sale, and other • transfer of their lands, tenements, goods, chattels, and evidences of debt.” Upon the hearing, the district judge ordered that the following question be adjourned into the circuit court, namely; “whether the assignment of the said George W. Taylor & Co., (a…
1Opinion of the Court
STORY, Circuit Justice.
This case has, from accidental circumstances, remained for consideration a longer period than has been usual in bankruptcy. The arguments have been very elaborate, and have exhausted the subject. The case, however, after all, lies within a narrow compass; and mainly turns upon the true construction of the second section of the bankrupt act of 1841, c. 9 [5 Stat. 442], That section declares, that “all future payments, securities, conveyances, or transfers of property, or agreements, made or given by any bankrupt, in contemplation of bankruptcy, and for the purpose of…
2Cases cited1 opinion
- Preston v. PrestonMichigan Supreme Court · 1844
3Cited by6 opinions
- Crook Horner Co. v. GilpinCourt of Appeals of Maryland · 1910
- Corner v. MalloryCourt of Appeals of Maryland · 1869
- Ashby v. SteereU.S. Circuit Court for the District of Rhode Island · 1846
- Chamberlain v. PerkinsSupreme Court of New Hampshire · 1871
- Swan v. LittlefieldMassachusetts Supreme Judicial Court · 1849
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