Perry v. Langley
District Court, S.D. Ohio
This was a petition in bankruptcy, under the act of 1S67, praying that Wm. H. Langley be declared a bankrupt. The only distinct act of bankruptcy alleged in the petition is that Langley, then being largely insolvent, on the 25th day of May, 1867, executed an assignment of all his property to two assignees, jnuned in trust for the benefit of all his creditors.
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This was a petition in bankruptcy, under the act of 1S67, praying that Wm. H. Langley be declared a bankrupt. The only distinct act of bankruptcy alleged in the petition is that Langley, then being largely insolvent, on the 25th day of May, 1867, executed an assignment of all his property to two assignees, jnuned in trust for the benefit of all his creditors. This assignment is alleged to be fraudulent and void; as intended, first, to delay, defraud, or hinder his creditors; second, to defeat or delay the operation of the bankrupt law. Langley filed an answer, admitting the assignment of his…
1Opinion of the Court
LEAVITT, District Judge.
The grounds of opposition to a decree of bankruptcy against Langley, comprehensively stated, are: First. That -the assignment by him on the 25th day of May, was not an act of bankruptcy within the purview of the statute. Second. If an act of bankruptcy, the petitioning creditor, Perry, is estopped from urging or relying upon it, by reason of his implied assent to the assignment. Third. That at the date of the assignment (the 25th of May), the'bankrupt act of the 2d of March 1867, was not in force, except for a special and limited purpose; and that the probate court of…
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- Clark v. Henne & MeyerCourt of Appeals for the Fifth Circuit · 1904
- In re KraftDistrict Court, S.D. New York · 1880