Legal Opinion

In re Bogen

District Court, S.D. Ohio

Decided June 4, 1904No. 3,485PublishedCited by 2 opinions

In Bankruptcy. Submitted on the pleadings and the evidence.

1Opinion of the Court

THOMPSON, District Judge.

October 2, 1903, Boden made a preferential transfer of three promissory notes to Field, a creditor, and March 9, 1904, other creditors filed a petition in bankruptcy against him, setting up this transfer as an act of bankruptcy, both as a preference and as a conveyance to defraud creditors.

The evidence fails to show that the transfer was fraudulent, but it is claimed that it does show that Field did not take notorious, exclusive, or continuous possession of the notes more than four months prior to the filing of the petition in bankruptcy. The evidence shows that the…

2Cited by2 opinions

  1. Jones v. CoatesCourt of Appeals for the Eighth Circuit · 1912
  2. Congleton v. RobertsCourt of Appeals for the Fifth Circuit · 1932

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