Putney v. Whitmire
U.S. Circuit Court for the District of South Carolina
This was a hill in equity by Stephen Putney & Co. and others against Bartow T. Whitmire and others to set aside certain mortgages as fraudulent, and for other relief. Each of the individual claims of the creditors was less than $2,000, and none of them liad been reduced to judgment.
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This was a hill in equity by Stephen Putney & Co. and others against Bartow T. Whitmire and others to set aside certain mortgages as fraudulent, and for other relief. Each of the individual claims of the creditors was less than $2,000, and none of them liad been reduced to judgment. A supplemental bill was filed, alleging an assignment by certain of the complainants in the original bill to their co-complainants of all their claims, thus increasing the claim of said complainants to a sum much greater than the jurisdictional amount. The defendants demurred on the ground that the court had no…
1Opinion of the Court
Sl.MOXTOX, Circuit Judge.
This is a creditors’ bill, seeking to set aside certain mortgages' of a stock of goods executed by the defendant Whitmire to his sister and brother. It is charged that the mortgages themselves are void because intended to delay, hinder, and defeat creditors; and that they are in effect an assignment with preference, and so void under the statute law of South Carolina. The complainants are merchants, each of whom sold and delivered goods to Whitmire, and hold his notes given to them severally, and open accounts due to them severally by him. These are set out in detail.…
2Cases cited24 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. NeelySupreme Court of the United States · 1891
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Mayor v. CooperSupreme Court of the United States · 1868
- Cates v. AllenSupreme Court of the United States · 1893
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Allen v. Title Guaranty & Surety Co.Idaho Supreme Court · 1915
- People v. AcostaCalifornia Court of Appeal · 1956
- White v. CrokerCourt of Appeals for the Fifth Circuit · 1926
- Chicago Grain Door Co. v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
- Jacobs v. Mexican Sugar Co.U.S. Circuit Court for the District of New Jersey · 1904
10 more not listed; retrieve them via the Exa API.