In re Burt
U.S. Circuit Court for the District of Minnesota
Appeal from the district court of the United States for the district of Minnesota. In bankruptcy. Burt was proceeded against by certain of his creditors in the district court for the district of Minnesota [case unreported], under the 39th section of the bankrupt act [14 Stat. 530]. Two acts of bankrupt were charged in the petition. 1. That being a merchant, or trader, he had fraudulently stopped, or suspended, and not resumed payment of his commercial paper for a period of…
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Appeal from the district court of the United States for the district of Minnesota. In bankruptcy. Burt was proceeded against by certain of his creditors in the district court for the district of Minnesota [case unreported], under the 39th section of the bankrupt act [14 Stat. 530]. Two acts of bankrupt were charged in the petition. 1. That being a merchant, or trader, he had fraudulently stopped, or suspended, and not resumed payment of his commercial paper for a period of fourteen days. 2. That he had made under the statutes of the state of Minnesota, a voluntary assignment of all of his…
1Opinion of the Court
MILLER, Circuit Justice,
delivering orally the opinion of the circuit court on the appeal, in substance said:
As to the first act of bankruptcy charged in the petition, there is no proof in the case of any fraud, or wrong intention on the part of the debtor in stopping, or suspending and not resuming payment of his paper; and the question made and argued by counsel was, whether fraud in fact is an essential element when this ground is relied on by the creditors, to make a man a bankrupt. I am aware, he continued, of the different views which have been expressed in the inferior courts upon this…
2Cited by4 opinions
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
- In re GutwilligDistrict Court, S.D. New York · 1898
- Lea v. George M. West Co.District Court, E.D. Virginia · 1899
- Haas v. O'BrienNew York Court of Appeals · 1876