Alexander v. Redmond
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Peter Alexander, trustee in bankruptcy, against Henry S. Redmond and others. From a decree for defendants, plaintiff appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Peter Alexander, trustee in bankruptcy, against Henry S. Redmond and others. From a decree for defendants, plaintiff appeals. The trustee in bankruptcy of Borrn & Co., a corporation, brought a bill in equity against defendants, composing the firm of Redmond & Co., to set aside an assignment made to them by Borrn & Co, on September 1, 1908. within four months of the filing of the petition in bankruptcy, on the ground that the result of said assignment was to enable the defendants to obtain a…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). This being an appeal in equity, the facts as well as the law are open for our consideration, as they would be even if the jury had rendered a verdict without direction, and the issues must be disposed of upon the record brought here from the circuit court. No reservation of a motion to reopen the case extends to this court. The circumstance that a jury was impaneled is immaterial. Appeal in equity brings the cause here for final disposition. The sixtieth section of the bankruptcy act provides:
“A person shall be deemed to have given a preference if, being…
Also in this document: Per curiam.
2Cited by12 opinions
- Hotchkiss v. National City Bank of New YorkDistrict Court, S.D. New York · 1911
- Lee v. State Bank & Trust Co.Court of Appeals for the Second Circuit · 1930
- Richardson v. Germania BankCourt of Appeals for the Second Circuit · 1919
- Blue v. Herkimer Nat. BankCourt of Appeals for the Second Circuit · 1929
- Wilson v. Mitchell-Woodbury Co.Massachusetts Supreme Judicial Court · 1913
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