Johnston v. George D. Witt Shoe Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Lynchburg, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The instructions given by the trial court were as follows: “(1) First. That it is an act of bankruptcy for a person tO' transfer, while insolvent, any portion of his property to one or more of his creditors, with intent to prefer such creditors over his other creditors. “Second.
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Error to a judgment of the Circuit Court of the city of Lynchburg, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The instructions given by the trial court were as follows: “(1) First. That it is an act of bankruptcy for a person tO' transfer, while insolvent, any portion of his property to one or more of his creditors, with intent to prefer such creditors over his other creditors. “Second. That a person is deemed insolvent, within the provisions of the bankruptcy law, whenever the aggregate of his-property, exclusive…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
Johnston, trustee in bankruptcy of Mrs. D. A. Webb, filed his declaration of trespass on the case in assumpsit in the Circuit Court of the city of Lynchburg, the first count of which is as follows:
“James D. Johnston, trustee in bankruptcy of Mrs. D. A. *617IVebb, complains of Tbe George D. Witt Shoe Company, a corporation, of a plea of trespass on the ease in' assumpsit, for this, to-wit: that heretofore, to-wit, on the 1st day of October, 1902, the said Mrs. D. A. Webb, while insolvent, transferred, assigned, and paid over to the said defendant, The…
2Cases cited1 opinion
- Grant v. National BankSupreme Court of the United States · 1878
3Cited by2 opinions
- Webb's Trustee v. Lynchburg Shoe Co.Supreme Court of Virginia · 1907
- Kubli v. Westwood Buildings L.P.Supreme Court of Virginia · 2021