In re Boyd
Court of Appeals for the Second Circuit
Petition to Revise Order of the' District Court of the United States for the Eastern District of New York. This cause comes here on petition by the trustee under a mortgage of real estate located in the city of New York to revise an order of the District Court, Eastern District of New York.
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Petition to Revise Order of the' District Court of the United States for the Eastern District of New York. This cause comes here on petition by the trustee under a mortgage of real estate located in the city of New York to revise an order of the District Court, Eastern District of New York. The order held that the mortgage constituted a preference under section 60 of the Bankrupt Act and that it was null and void as against the trustee in bankruptcy and the creditors he represents.
1Opinion of the Court
LACOMBE, Circuit Judge.
The special commissioner held that the transaction, the giving of the mortgage, was actually fraudulent. Judge Yeeder did not concur in this conclusion and on that branch of the case we agree with him. The only question left is one of law, involving the construction of one section of the Bankruptcy Act.
The mortgage was executed in December, 1909; it was recorded September 27, 1911. Boyd filed his petition in voluntary bankruptcy November 1, 1911, on that date there were no creditors other than those who were creditors when the mortgage was executed. Section 3a (2) makes…
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- In re HuntDistrict Court, N.D. New York · 1905
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