In re Saunders
District Court, D. Massachusetts
Proof of debt by secured creditor. W. A. Saunders, having land standing in the name of his brother, and being deeply in debt, procured his brother to convey the land to A. E. Johonnot and R. E. Demmon in trust to pay certain notes mentioned in a schedule annexed to the deed. One creditor to a considerable amount held several notes not specified in the schedule.
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Proof of debt by secured creditor. W. A. Saunders, having land standing in the name of his brother, and being deeply in debt, procured his brother to convey the land to A. E. Johonnot and R. E. Demmon in trust to pay certain notes mentioned in a schedule annexed to the deed. One creditor to a considerable amount held several notes not specified in the schedule. The deed was recorded, and just before the end of two months from its date, Mr. Huntington, the creditor before mentioned, and certain others, filed a petition in bankruptcy against W. A. Saunders, relying, among other things, upon…
1Opinion of the Court
LOWELL, District Judge.
The petitioning creditor, Mr. Huntington, was placed in a difficult position. He found on the records a deed of trust for the bankrupt’s creditors, from which his notes appeared to be studiously omitted; and while he held debts sufficient in amount to enable him to make his debtor a bankrupt, and thus to avoid this preference, he could not multiply himself to make up the number now somewhat oppressively required by the statute. The case illustrates the serious obstacles which congress has lately interposed to shield a fraudulent debtor.
The courts, however, endeavoring…
2Cited by5 opinions
- Whitney v. DresserSupreme Court of the United States · 1906
- In re Castle Braid Co.District Court, S.D. New York · 1906
- In Re HannevigCourt of Appeals for the Second Circuit · 1925
- In re United Wireless Telegraph Co.District Court, D. Maine · 1912
- Ludington's PetitionNew York Court of Common Pleas · 1878