Corey v. Blackwell Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. Robt. N. Dunn, Judge. Action by trustee in bankruptcy to have a certain alleged assignment by the bankrupt decláred fraudulent and void as to the trustee and creditors. Demurrer to the complaint sustained.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. Robt. N. Dunn, Judge. Action by trustee in bankruptcy to have a certain alleged assignment by the bankrupt decláred fraudulent and void as to the trustee and creditors. Demurrer to the complaint sustained. Sec. 70e is the corollary of sec. 67b, and means simply that if a creditor could have avoided any transfer (not merely a lien) under the laws of the state, the trustee can do the same, and it is immaterial that the creditors of the bankrupt were not in a position to attack the transfer. The…
1Opinion of the CourtSullivan, J.
This is an action by a trustee in bankruptcy to have a certain alleged assignment of a claim against the Blackwell Lumber Co., one of the defendants, adjudged fraudulent as to creditors, and that the plaintiff have judgment directing said company to pay to the plaintiff trustee the sum of $369.35, with interest thereon from June 16, 1911.
The court sustained a general demurrer to the complaint and the plaintiff refused to plead further and judgment of dismissal was entered. From that judgment this appeal is taken.
It is alleged in the complaint that on the 20th day of May, 1911, said Johannes…
2Cases cited3 opinions
- First Nat. Bank of Baltimore v. StaakeSupreme Court of the United States · 1906
- In re DowningCourt of Appeals for the Second Circuit · 1912
- Citizens' Trust Co., of Paterson v. TiltCourt of Appeals for the Third Circuit · 1912
3Cited by2 opinions
- Corey v. Blackwell Lumber Co.Idaho Supreme Court · 1915
- Evans v. WoodIdaho Supreme Court · 1925