Tiffany v. Lucas
Supreme Court of the United States
Appeal from the Circuit Court for the District of Missouri ; the case being thus: Lucas purchased in April, 1869, from Darby (then in debt) a piece of real estate in St. Louis: the deed being made on the 24th of that month. At a meeting of Darby’s creditors, held on the 17th of June following, he was told by them that he must file his petitiou to be adjudged a bankrupt, or that he would be forced into bankruptcy.
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Appeal from the Circuit Court for the District of Missouri ; the case being thus: Lucas purchased in April, 1869, from Darby (then in debt) a piece of real estate in St. Louis: the deed being made on the 24th of that month. At a meeting of Darby’s creditors, held on the 17th of June following, he was told by them that he must file his petitiou to be adjudged a bankrupt, or that he would be forced into bankruptcy. On that day he discontinued business, and on the 1st of July presented his petition praying to be adjudged a bankrupt, and on the 12th following was adjudged a bankrupt accordingly;…
1Opinion of the CourtJustice Dayis
There would seem to be no difficulty in ascertaining the meaning of Congress on the subject embraced in the 35th section of the Bankrupt Act (in contravention of which this sale is alleged to have been made), in its application to this case. Clearly all sales are not forbidden. It would be absurd to suppose that Congress intended to set the seal of condemnation on every transaction of the bankrupt which occurred within six months of bankruptcy, without regard to its character. A policy leading to such a result would be an excellent contrivance for paralyzing business, and cannot be imputed to…
2Cited by21 opinions
- Armstrong v. Chemical Nat. BankU.S. Circuit Court for the District of Southern New York · 1890
- In re PeaseDistrict Court, E.D. Michigan · 1902
- Booth v. Atlanta Clearing-House Ass'nSupreme Court of Georgia · 1909
- Hyman v. McLendonCourt of Appeals for the Fourth Circuit · 1944
- In re E. T. Russell Co.District Court, D. Massachusetts · 1923
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