In re McGee
District Court, N.D. New York
In Bankruptcy. On creditor’s petition, answer, and report of referee. The petition was filed July 9, 1900, and alleges two acts of bankruptcy based upon the transfer by the alleged bankrupt' while insolvent of property with intent to prefer a creditor. The alleged bankrupt on the 26th day of July 1900, filed an answer denying the said acts of bankruptcy. The issue thus joined was referred to the referee to ascertain and report the facts under rule 8 of this court.
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In Bankruptcy. On creditor’s petition, answer, and report of referee. The petition was filed July 9, 1900, and alleges two acts of bankruptcy based upon the transfer by the alleged bankrupt' while insolvent of property with intent to prefer a creditor. The alleged bankrupt on the 26th day of July 1900, filed an answer denying the said acts of bankruptcy. The issue thus joined was referred to the referee to ascertain and report the facts under rule 8 of this court. The referee’s report was filed September 6, 1900.
1Opinion of the Court
COXE, District Judge.
It is conceded by the alleged bankrupt that for more than six months next preceding the filing of the petition she resided in the Northern, district of New York; that she owes debts amounting to $1,000; that the three petitioners are creditors, having valid claims amounting to over $500; that at the date of filing the petition and for more than four months previous thereto she was insolvent and knew that she was insolvent. The only question, therefore, is whether an act of bankruptcy has been established. On the 80 th of March, 1900, the alleged bankrupt was indebted to…
2Cases cited1 opinion
- Toof v. MartinSupreme Court of the United States · 1871
3Cited by2 opinions
- In re PeaseDistrict Court, E.D. Michigan · 1902
- In re Advance Oil Co.Court of Appeals for the Third Circuit · 1924