Nelson v. Svea Pub. Co.
District Court, W.D. Washington
In Equity. Suit by Israel Nelson, as trustee in bankruptcy of the Vaktaren Publishing Company, against the Svea Publishing Company and others, to avoid an alleged preference and to recover property, or its value, acquired by defendants through transfers alleged to be void as to creditors. On exceptions to the report of a Master in Chancery containing findings in favor of complainant.
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In Equity. Suit by Israel Nelson, as trustee in bankruptcy of the Vaktaren Publishing Company, against the Svea Publishing Company and others, to avoid an alleged preference and to recover property, or its value, acquired by defendants through transfers alleged to be void as to creditors. On exceptions to the report of a Master in Chancery containing findings in favor of complainant. Except as modified by additions thereto hereinafter set forth, the court approves the findings reported by the master in chancery, of which the 'following is a condensation: (1) The American Paper Company and the…
1Opinion of the CourtHanford, District Judge
(after stating the facts as above). The two transactions whereby the assets of the bankrupt were transferred must be severed, and the rights of the parties must be adjudicated, separately, by the rules of law and equity applicable to the distinct facts of each of them. In the matter of the execution sale, there was no intention on the part of the bankrupt to make the transfer of its property,, no intention to aid the American Paper Company in gaining a preference over other creditors, and the execution creditor did not have any reason to suspect any such intention on the part of the bankrupt.…
2Cases cited5 opinions
- Thompson v. Huron Lumber Co.Washington Supreme Court · 1892
- Conover v. HullWashington Supreme Court · 1895
- Nixon v. Joshua Hendy Machine WorksWashington Supreme Court · 1909
- In re BaileyDistrict Court, D. Oregon · 1906
- Compton v. Schwabacher Bros. & Co.Washington Supreme Court · 1896
3Cited by6 opinions
- Nixon v. MichaelsCourt of Appeals for the Eighth Circuit · 1930
- Golden Hill Distilling Co. v. LogueCourt of Appeals for the Sixth Circuit · 1917
- Billings Credit Men's Ass'n v. BogertCourt of Appeals for the Ninth Circuit · 1925
- Rodolf, Trustee v. First Nat. Bank of TulsaSupreme Court of Oklahoma · 1912
- In Re Judith Gap Commercial Co.Court of Appeals for the Ninth Circuit · 1925
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