Manders v. Wilson
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Suit by John E. Manders, trustee in bankruptcy, against George H. Wilson and wife. From a judgment sustaining a demurrer to the complaint (230 Fed. 536), plaintiff appeals.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Suit by John E. Manders, trustee in bankruptcy, against George H. Wilson and wife. From a judgment sustaining a demurrer to the complaint (230 Fed. 536), plaintiff appeals. In a suit brought by the appellant, Manders, as trustee in bankruptcy, against the appellees to set aside a conveyance, the court below sustained a demurrer for want of equity to the bill of complaint which alleged, in substance, the following facts: That on October 31, 1914, a…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). On the question of law presented upon the appeal, the leading case is Blennerhassett v. Sherman, 105 U. S. 100, 26 L. Ed. 1080. In that case it was held that a mortgage executed by an insolvent mortgagor to a creditor who knows of the insolvency, and who, for the purpose of giving him a fictitious credit, actively conceals the mortgage, and' withholds it from record, and represents him as having a large estate and unlimited credit, and thus enables him to contract debts which he cannot pay, is void at common law. In the opinion the court cited Hungerford v.…
2Cases cited10 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
- Rogers v. PageCourt of Appeals for the Sixth Circuit · 1905
- Cohen v. ChambersCourt of Appeals for the Fifth Circuit · 1910
- Butterfield v. WoodmanDistrict Court, D. Maine · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Twentieth St. Bank v. SharitzCourt of Appeals for the Fourth Circuit · 1924
- Matheson v. PatenaudeDistrict Court, D. Alaska · 1930
- Ash v. HonigCourt of Appeals for the Second Circuit · 1933
- G. Abramson and Howard Miller v. George Gardner, Trustee in Bankruptcy of the Estate of Feldman-Selje Corporation BankruptCourt of Appeals for the Ninth Circuit · 1958
- Duke v. L. Y. Stayton Co.Washington Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.