Traders' Bank v. Campbell
Supreme Court of the United States
The bankrupt act of the United States enacts by its 85th section that if any person being insolvent or in contemplation of insolvency, within four mouths before the tiling of a petition by or against him, with a view to give a preference to any creditor having a claim against him procures his property to be seized or makes any payment, transfer, &c., thereof, directly or indirectly, the person receiving such payment, transfer, &c., having reasonable cause to believe the…
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The bankrupt act of the United States enacts by its 85th section that if any person being insolvent or in contemplation of insolvency, within four mouths before the tiling of a petition by or against him, with a view to give a preference to any creditor having a claim against him procures his property to be seized or makes any payment, transfer, &c., thereof, directly or indirectly, the person receiving such payment, transfer, &c., having reasonable cause to believe the debtor to be insolvent, and that the payment, conveyance, &c., is in fraud of the act, the same shall be void, and the…
1Opinion of the CourtJustice Miller
It is not asserted by counsel here that the defendant acquired any rights to the property levied on by its execution. It would be useless to do So in view of the acknowledgments of the president of the bank upon this subject and of the circumstances in which he stated that he had instituted his proceeding. *
We are of opinion that the proviso to the 50th section of the Bankrupt Act, which declares that no petition or other proceeding under it shall be commenced before the first day of June, 1867, is limited in its effect to such commencement, and that any act done after its approval, March 2d,…
2Cited by28 opinions
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- Fisher v. ShropshireSupreme Court of the United States · 1893
- State ex rel. Hart v. BurkeSupreme Court of Louisiana · 1881
- McPike v. WellsMississippi Supreme Court · 1876
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