Magnus v. Ketcham
Court of Appeals for the Seventh Circuit
' Appeal from'the District Court of the United States for the Northern-Division of the Northern District of Illinois. There is no dispute about the facts in this case, which are as follows, as exemplified by the record: On March 1⅛ 1899, John McNulta, as receiver of the National Bank of Illinois, together with two others,—the three being creditors of the American Brewing Company,—petitioned to have the brewing company adjudicated an involuntary bankrupt.
Read the full summary
' Appeal from'the District Court of the United States for the Northern-Division of the Northern District of Illinois. There is no dispute about the facts in this case, which are as follows, as exemplified by the record: On March 1⅛ 1899, John McNulta, as receiver of the National Bank of Illinois, together with two others,—the three being creditors of the American Brewing Company,—petitioned to have the brewing company adjudicated an involuntary bankrupt. The petition shows that John McNulta, as receiver, on March 9, 1899, recovered in the United States circuit court a judgment against the…
1Opinion of the Court
BUNN, District Judge,
upon the above statement of facts, delivered the opinion of the court.. This is a contest on the part of appellants Magnus to gain a preference by judicial proceeding against the bankrupt taken within four months prior to the adjudication in bankruptcy, contrary to the letter and spirit of the bankrupt law. The avowed purpose of taking the judgment notes, with power to enter judgment at any time by confession, was to secure appellants against the claims of other creditors, and to give them a preference. That would be legitimate and proper if no bankrupt law were in force,…
2Cases cited13 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- In re RichardsCourt of Appeals for the Seventh Circuit · 1899
- Barton v. AndersonIndiana Supreme Court · 1886
- Shawhan v. WherrittSupreme Court of the United States · 1849
- In re Columbia Real-Estate Co.District Court, D. Indiana · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hecox v. RollestoneCourt of Appeals for the Eighth Circuit · 1908
- Hussey v. Richardson-Roberts Dry Goods Co.Court of Appeals for the Eighth Circuit · 1906
- Cook v. RobinsonCourt of Appeals for the Ninth Circuit · 1912
- B-R Electric & Telephone Mfg. Co. v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1913
- Silvey & Co. v. TiftSupreme Court of Georgia · 1905
4 more not listed; retrieve them via the Exa API.