Wright v. Cotten.
Supreme Court of North Carolina
ActioN by J. C. Wright, Trustee in Bankruptcy of C. L. Cotten, against J. F. Cotten, heard by Judge Henry R. Bryan and a jury, at the March -Term, 1905, of the Superior Court of Stanly. The following issues were submitted: 1. Was the payment by the bankrupt, C. L. Cotten,. of $3,000 to his father, John F. Cotten, made with the intent and purpose on the part of C. L. Cotten to hinder, delay or defraud his creditors or any of them ? Ans.
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ActioN by J. C. Wright, Trustee in Bankruptcy of C. L. Cotten, against J. F. Cotten, heard by Judge Henry R. Bryan and a jury, at the March -Term, 1905, of the Superior Court of Stanly. The following issues were submitted: 1. Was the payment by the bankrupt, C. L. Cotten,. of $3,000 to his father, John F. Cotten, made with the intent and purpose on the part of C. L. Cotten to hinder, delay or defraud his creditors or any of them ? Ans. Yes.' 2. Did John E. Cotten, the defendant, receive, or purchase in good faith, the $3,000 for a present, fair consideration? Ans. No. 3. Did C. L. Cotten,…
1Opinion of the CourtBrown, J.
The plaintiff sues to recover $3,000 which he alleges that C. L. Cotten, a bankrupt at the time insolvent, and within four months of the filing of the petition in bankruptcy against him, paid to John F. Cotten, his father, in money, and that at the time John F. Cotten had knowledge that C. L., Cotten was insolvent, and intended thereby to give him an unlawful preference and that his purpose in making said payment- was to hinder, delay and defraud his creditors. The defendant, -administrator of John F. Gotten, denied the several material allegations of the complaint, but admitted that-the…
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