Peckham v. Burrows
U.S. Circuit Court for the District of Rhode Island
Bill in equity. The bill in substance set forth, that on the 20th day of September, A. D. 1842, a petition was filed in the district court within and for the • district of Rhode-Island sitting in bankruptcy, by the Franklin Foundry and Machine Company of Providence, creditors of said John F. Phillips & Son. against said John F. Phillips & Son, in which it was alleged that said John F. Phillips & Son had become bankrupts under tlie act aforesaid, by committing the acts…
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Bill in equity. The bill in substance set forth, that on the 20th day of September, A. D. 1842, a petition was filed in the district court within and for the • district of Rhode-Island sitting in bankruptcy, by the Franklin Foundry and Machine Company of Providence, creditors of said John F. Phillips & Son. against said John F. Phillips & Son, in which it was alleged that said John F. Phillips & Son had become bankrupts under tlie act aforesaid, by committing the acts following, viz: On the 25th day of January, 1842, by making a fraudulent conveyance, assignment, sale and other transfer of…
1Opinion of the Court
STORY, Circuit Justice.
Upon the argument in this case it was admitted by the defendant’s counsel, that they did not contest the general principles of law stated on the other side, so far as they were properly applicable to the case. The main, if not the whole controversy, therefore, turns upon matters of fact. I have considered these matters deliberately, and am, on the whole, of opinion, that the conveyances stated in the bill and answer, as executed by the bankrupts, were made by them in contemplation of bankruptcy or insolvency, and with a design, in that event, to give a preference to the…
2Cited by1 opinion
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