Toof v. Martin
Supreme Court of the United States
Error to the Circuit Court for thé District of Arkansas; the case being thus: The 35th section of the bankrupt act of 1867, thus enacts: “That if any person, being insolvent, or in contemplation of insolvency, with a view to give a preference to any creditor or person having a claim against him .... makes any assignment, transfer, or conveyance of any part of his property ....
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Error to the Circuit Court for thé District of Arkansas; the case being thus: The 35th section of the bankrupt act of 1867, thus enacts: “That if any person, being insolvent, or in contemplation of insolvency, with a view to give a preference to any creditor or person having a claim against him .... makes any assignment, transfer, or conveyance of any part of his property .... (the person receiving such assignment, transfer, or conveyance, having reasonable cause to believe such person is insolvent, and that such assignment or conveyance is made in fraud of the provisions of this act), the…
1Opinion of the CourtJustice Field
The bill presents a case within the provisions of the first clause of the thirty-fifth section of the bankrupt act. That clause was intended to defeat preferences to a creditor, made by a debtor when insolvent or in contemplation of insolvency. It declares that any payment or transfer of his property made by him whilst in that condition, within four months previous to the filing of his petition, with a view to give a preference to a creditor, shall be void if the creditor has at the time reasonable cause to believe him to be insolvent, and that the payment or transfer was made in fraud of the…
2Cited by102 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Myres v. United StatesCourt of Appeals for the Eighth Circuit · 1949
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Teague v. Johnson & JohnsonCourt of Appeals for the Tenth Circuit · 2014
- Ercoli v. United StatesCourt of Appeals for the D.C. Circuit · 1942
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