Harder v. Clark
City of New York Municipal Court
Action against a trustee in bankruptcy to recover chattels alleged to have been preferentially transferred. The, opinion states the case.
1Opinion of the CourtMcAvoy, J.
It is not every transfer of property, during the four months’ period ' preceding adjudication in bankruptcy, which can be claimed as a preference by the bankrupt of the creditor who is the recipient of the transfer. Tt is necessary, in order to constitute a preference, that it be shown that the bankrupt was insolvent at the time of the *585transfer, i. e., at the date of the transfer; and the insolvency is determined, pursuant to the statute, whenever the aggregate of his property, exclusive of any property which he has conveyed, transferred, concealed, removed, or permitted to be concealed or…
2Cases cited2 opinions
- Stephens v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1904
- Upson v. Mount Morris BankAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Behre v. HorterAppellate Terms of the Supreme Court of New York · 1916