Winsor v. Kendall
U.S. Circuit Court for the District of Massachusetts
This case was adjourned from the district court into this court on account of the district judge being interested therein.
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This case was adjourned from the district court into this court on account of the district judge being interested therein. The original petition in equity was in substance as follows: “Respectfully represents Henry Winsor of Boston in the county of Suffolk in said district, merchant, that on the seventh day of February, 1843, Samuel H. Bab-cock of said Boston, merchant, filed his petition in bankruptcy, • and was declared bankrupt on the fourteenth day of April in the year 1843, and that your petitioner was afterwards duly appointed and qualified as-signee of the estate of said bankrupt, and…
1Opinion of the Court
STORY, Cireuit Justice.
The -whole question Jn this ease turns upon this, whether the due hill owing to Kendall was paid by Babcock in contemplation of bankruptcy, and with an intent to give Kendall a preference over the other creditors, contrary to the intendment of tue second section of the bankrupt act of 1841 (chapter 9). To establish such a case, several facts must concur. The due bill must have been paid by Bab-cock or his agent, acting as such, out of his, Babcock’s funds; it must have been in contemplation of his bankruptcy; and it must have been with a design to give a preference to…
2Cited by4 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Fairer v. H. Hackfeld & Co.Hawaii Supreme Court · 1902
- Fenlon v. LonerganSupreme Court of Pennsylvania · 1857
- Repplier v. BloodgoodThe Superior Court of New York City · 1869