Staples v. Warren
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia sustaining a motion by the plaintiff to strike out the defendant’s answer to a bill to set aside a transfer by a bankrupt as a preference, and granting the relief asked. The Court in the opinion stated the facts as follows: Tbis appeal is from a decree in the supreme court of the District sustaining a motion to strike out the answer of the defendant, Orren Gf.
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Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia sustaining a motion by the plaintiff to strike out the defendant’s answer to a bill to set aside a transfer by a bankrupt as a preference, and granting the relief asked. The Court in the opinion stated the facts as follows: Tbis appeal is from a decree in the supreme court of the District sustaining a motion to strike out the answer of the defendant, Orren Gf. Staples, appellant here, and setting aside a transfer of certain real estate by a bankrupt to the defendant. The bill sets out the…
1Opinion of the CourtJustice Robb
It is apparent that the question for determination is whether these deeds of trust took effect as to the creditors of Nolan and as to the trustee who represents them on the day of their delivery for record, that is, on October 13, 1913, or on September 12, 1913, the date when the creditors received actual notice of said deeds. Section 60-b, as amended, of the Federal Bankruptcy Act, upon which this suit is based, reads as follows: “If a bankrupt shall have procured or suffered a judgment to be entered against him in favor of any person or have made a transfer of any of his property, and if,…
2Cases cited1 opinion
- Carey v. DonohueSupreme Court of the United States · 1916
3Cited by1 opinion
- Adkins Ltd. Partnership v. O St. Management, LLCDistrict of Columbia Court of Appeals · 2022