Buchanan v. Smith
Supreme Court of the United States
Appeal from the Circuit Court for the Northern District of New York, where the proofs, as conceived by "the reporter, made a case essentially thus: The Cascade Paper Manufacturing Company of Penn Yan, New York, had for a long time purchased things used in the manufacture of paper, of Buchanan & Co., merchants in the city of New York, and had habitually given notes in payment.
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Appeal from the Circuit Court for the Northern District of New York, where the proofs, as conceived by "the reporter, made a case essentially thus: The Cascade Paper Manufacturing Company of Penn Yan, New York, had for a long time purchased things used in the manufacture of paper, of Buchanan & Co., merchants in the city of New York, and had habitually given notes in payment. Its dealings with them were considerable, and its credit so good that it was not limited as to time; that when extensions were asked they were given, and that up to March 3d, 1869, its notes had never lain over or been…
1Opinion of the CourtJustice Clifford
Preferences, as well as fraudulent conveyances, are, under-certain circumstances, declared to be void if made by a debtor actually insolvent, or in contemplation of insolvency, within four months before the filing of the petition by or against him as a bankrupt.‡
Those circumstances, so far as that rule of decision is applicable to this case, are, if the debtor procures any part of his pr’operfy within that period to be' attached, sequestered, or seized on execution with a view to give a preference to any creditor or person having a claim against him, or who is under any liability for him,…
2Cited by46 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Boese v. KingSupreme Court of the United States · 1883
- Stadler v. First National BankMontana Supreme Court · 1899
- Reed v. McIntyreSupreme Court of the United States · 1879
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