Todd v. Townsend
District Court, D. Connecticut
In this case. THE COURT, on a bill in equity by [Alfred Todd and Pbilando Armstrong], assignees in bankruptcy [of George T. Newhall, against James M. Townsend], set aside a mortgage which was given in good faith, but so drawn as to be voidable by the bankrupt’s creditors for constructive fraud; holding that the assignees, in bankruptcy had all the rights, in this respect, of attaching creditors. [An appeal being taken to the circuit court by the defendant, the opinion of…
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In this case. THE COURT, on a bill in equity by [Alfred Todd and Pbilando Armstrong], assignees in bankruptcy [of George T. Newhall, against James M. Townsend], set aside a mortgage which was given in good faith, but so drawn as to be voidable by the bankrupt’s creditors for constructive fraud; holding that the assignees, in bankruptcy had all the rights, in this respect, of attaching creditors. [An appeal being taken to the circuit court by the defendant, the opinion of that court is as follows:]
1Opinion of the Court
WOODRUFF. Circuit Judge.
I concur in the opinion pronounced in the court below that the mortgage in question herein is void as against the creditors of the bankrupt. This seems to me established by the decisions of the courts of the state, and to be in conformity with sound principle. In reference to the late cases in the supreme court of Connecticut, relied upon by the appellant, it appears on a careful examination that, while the court sustained the mortgage there in question as good and valid between the parties, it is carefully stated that the rights of creditors are not involved. Potter…
2Cases cited1 opinion
- Potter v. HoldenSupreme Court of Connecticut · 1863