Legal Opinion

Dean v. Davis

Supreme Court of the United States

Decided January 15, 1917No. 70PublishedCited by 189 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The case is stated in the opinion. Appellees not having taken a cross appeal from the decision of the District Court that the mortgage was not a preference, that question was not before the Court of Appeals for decision and it was error to decide it.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The case is stated in the opinion. Appellees not having taken a cross appeal from the decision of the District Court that the mortgage was not a preference, that question was not before the Court of Appeals for decision and it was error to decide it. Chittenden v. Brewster, 2 Wall. 195; Loudon v. Taxing District, 104 U. S. 774; Bolles v. Outing Co., 175 U. S. 268; Mail Company v. Flanders, 12 Wall. 134, 135; Field v. Barber Asphalt Company, 194 U. S. 621; Pauly Jail Bldg. & Mfg. Co. v. Hemphill Co., 10 C. C. A. 600; B. & L.…

1Opinion of the Court

Mr. Justice Brandéis

delivered the opinion of the court.

The Bankruptcy Act, as amended February 5, 1903, provides in § 60b that if a debtor has within four months before the filing of the petition in bankruptcy made a transfer which the person receiving the same has reason to believe was intended to give a preference, the transfer shall be voidable, and the trastee in bankruptcy may recover the property or its value. The act also provides in § 67e (30 Stat. 564) that if a debtor within four months before the filing of the petition in bankruptcy makes any transfer “with the intent and purpose…

2Cases cited4 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. Randolph v. ScruggsSupreme Court of the United States · 1903
  3. West Co. v. LeaSupreme Court of the United States · 1899
  4. Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913

3Cited by189 opinions

  1. Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
  2. In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
  3. Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
  4. Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
  5. Mark A. Warsco, Trustee v. Preferred Technical GroupCourt of Appeals for the Seventh Circuit · 2001

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