Smith v. Gordon
District Court, D. Maine
In bankruptcy. This case was heard on a motion to dissolve an injunction issued on the petition of Smith, the assignee of [A. D.] Lowell, to restrain the defendant from carrying into execution a decree in equity of the state court in his favor, against Lowell and his trustee, Tukey.
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In bankruptcy. This case was heard on a motion to dissolve an injunction issued on the petition of Smith, the assignee of [A. D.] Lowell, to restrain the defendant from carrying into execution a decree in equity of the state court in his favor, against Lowell and his trustee, Tukey. The bill was filed by Gordon in December, 1839, charging that Lowell, having in 1836, failed in trade and stopped payment, purchased a valuable farm in China, and paid for it with his own money. and caused the same to be conveyed to Tukey for the purpose of keeping it from his creditors, who held it in secret…
1Opinion of the Court
WARE, District Judge.
It is contended on behalf of the defendants that they acquired a lien against the property in question, by the filing of their bill, that is within the saving of the last proviso of the second section of the bankrupt act; and the case Ex parte General Assignee [Case No. 5,305], is relied upon as a conclusive authority in them favor. If that case, decided under another jurisdiction, is applicable to the jurisprudence of this state, it must be admitted that the authority is directly in point. That case was decided in the Northern district of New York, and was, what in that…
2Cases cited2 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Eager v. PriceNew York Court of Chancery · 1831
3Cited by16 opinions
- Dushane v. BeallSupreme Court of the United States · 1896
- Mills Novelty Co. v. Monarch Tool & Mfg. Co.Court of Appeals for the Sixth Circuit · 1931
- In re McKinneyDistrict Court, S.D. New York · 1883
- In re LesserDistrict Court, S.D. New York · 1900
- Dushane v. BeallSupreme Court of the United States · 1896
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