Legal Opinion

In re West

Court of Appeals for the Second Circuit

Decided May 7, 1901No. 145PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Southern District of New York. This is an appeal from a judgment of the district court,of the United States for the Southern district of New York, whereby, upon a proceeding in involuntary bankruptcy at the instance of a sufficient number of creditors, James West was adjudged bankrupt. The Trenton Oil-Cloth & Linoleum Company, an attaching creditor, answered and defended against the petition.

1Opinion of the Court

SHIPMAN, Circuit Judge.

The act of bankruptcy which was most specifically stated in the involuntary petition was alleged as follows:

“On or about the 28tk day of August, 1900, the said James West conveyed, transferred, and disposed of all of his said stock of goods, or a portion thereof, to or by way of certain auctioneers, having their place of business in Worth street, borough of Manhattan, New York City, for a sum much less than the costs or value thereof, with the purpose and intent to hinder, delay, and defraud his creditors, and to prevent .them from participating in his estate and assets…

2Cases cited1 opinion

  1. West Co. v. LeaSupreme Court of the United States · 1899

3Cited by4 opinions

  1. In re PerlhefterDistrict Court, S.D. New York · 1910
  2. McNutt v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the First Circuit · 1923
  3. Donadio v. RobetskyCourt of Appeals for the First Circuit · 1925
  4. In re Goldner-Siegel Corp.District Court, S.D. New York · 1933

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